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<title> - THE NEXT STEPS FOR THE PAYCHECK PROTECTION PROGRAM</title> |
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[House Hearing, 117 Congress] |
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[From the U.S. Government Publishing Office] |
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THE NEXT STEPS FOR THE PAYCHECK |
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PROTECTION PROGRAM |
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HEARING |
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BEFORE THE |
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COMMITTEE ON SMALL BUSINESS |
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UNITED STATES |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED SEVENTEENTH CONGRESS |
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FIRST SESSION |
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HEARING HELD |
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MARCH 10, 2021 |
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[GRAPHIC NOT AVAILABLE IN TIFF FORMAT] |
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Small Business Committee Document Number 117-005 |
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Available via the GPO Website: www.govinfo.gov |
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U.S. GOVERNMENT PUBLISHING OFFICE |
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43-606 WASHINGTON : 2021 |
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HOUSE COMMITTEE ON SMALL BUSINESS |
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NYDIA VELAZQUEZ, New York, Chairwoman |
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JARED GOLDEN, Maine |
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JASON CROW, Colorado |
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SHARICE DAVIDS, Kansas |
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KWEISI MFUME, Maryland |
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DEAN PHILLIPS, Minnesota |
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MARIE NEWMAN, Illinois |
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CAROLYN BOURDEAUX, Georgia |
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JUDY CHU, California |
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DWIGHT EVANS, Pennsylvania |
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ANTONIO DELGADO, New York |
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CHRISSY HOULAHAN, Pennsylvania |
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ANDY KIM, New Jersey |
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ANGIE CRAIG, Minnesota |
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BLAINE LUETKEMEYER, Missouri, Ranking Member |
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ROGER WILLIAMS, Texas |
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JIM HAGEDORN, Minnesota |
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PETE STAUBER, Minnesota |
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DAN MEUSER, Pennsylvania |
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ANDREW GARBARINO, New York |
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YOUNG KIM, California |
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BETH VAN DUYNE, Texas |
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BYRON DONALDS, Florida |
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MARIA SALAZAR, Florida |
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SCOTT FITZGERALD, Wisconsin |
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Melissa Jung, Majority Staff Director |
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Ellen Harrington, Majority Deputy Staff Director |
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David Planning, Staff Director |
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C O N T E N T S |
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OPENING STATEMENTS |
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Page |
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Hon. Nydia Velazquez............................................. 1 |
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Hon. Blaine Luetkemeyer.......................................... 3 |
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WITNESSES |
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Ms. Hilda Kennedy, Founder and President, AmPac Tri-State CDC, |
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dba AmPac Business Capital, Ontario, CA, testifying on behalf |
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of the National Association of Development Companies (NADCO)... 5 |
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Ms. Lisa Bombin, President and CEO, Unico Communications, Inc., |
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San Antonio, TX................................................ 6 |
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Ms. Lisa Simpson, CPA, CGMA, Vice President of Firm Services, |
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American Institute of CPAs, Durham, NC......................... 8 |
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Ms. Alice Frazier, President and Chief Executive Officer, Bank of |
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Charles Town, Charles Town, WV, testifying on behalf of the |
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Independent Community Bankers of America....................... 10 |
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APPENDIX |
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Prepared Statements: |
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Ms. Hilda Kennedy, Founder and President, AmPac Tri-State |
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CDC, dba AmPac Business Capital, Ontario, CA, testifying on |
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behalf of the National Association of Development Companies |
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(NADCO).................................................... 39 |
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Ms. Lisa Bombin, President and CEO, Unico Communications, |
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Inc., San Antonio, TX...................................... 51 |
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Ms. Lisa Simpson, CPA, CGMA, Vice President of Firm Services, |
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American Institute of CPAs, Durham, NC..................... 54 |
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Ms. Alice Frazier, President and Chief Executive Officer, |
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Bank of Charles Town, Charles Town, WV, testifying on |
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behalf of the Independent Community Bankers of America..... 64 |
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Questions for the Record: |
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None. |
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Answers for the Record: |
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None. |
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Additional Material for the Record: |
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AICPA - The American Institute of CPAs....................... 69 |
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CUNA - Credit Union National Association..................... 72 |
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Inclusiv..................................................... 74 |
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Joint Trades Letter.......................................... 77 |
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NADCO - National Association of Development Companies........ 79 |
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NAFCU - National Association of Federally-Insured Credit |
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Unions..................................................... 80 |
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National Association of Realtors............................. 83 |
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NFIB......................................................... 85 |
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THE NEXT STEPS FOR THE PAYCHECK PROTECTION PROGRAM |
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WEDNESDAY, MARCH 10, 2021 |
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House of Representatives, |
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Committee on Small Business, |
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Washington, DC. |
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The Committee met, pursuant to call, at 10:07 a.m., in Room |
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2360, Rayburn House Office Building, Hon. Nydia M. Velazquez |
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[chairwoman of the Committee] presiding. |
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Present: Representatives Velazquez, Golden, Davids, Mfume, |
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Phillips, Newman, Bourdeaux, Chu, Evans, Delgado, Houlahan, Kim |
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of New Jersey, Craig, Luetkemeyer, Williams, Hagedorn, Stauber, |
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Meuser, Tenney, Kim of California, Van Duyne, Donalds, Salazar, |
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and Fitzgerald. |
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Also Present: Representative Schneider. |
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Chairwoman VELAZQUEZ. Good morning. I call this hearing to |
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order. |
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I want to make sure to note some important requirements. |
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Let me begin by saying that standing House and Committee rules |
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and practice will continue to apply during hybrid proceedings. |
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All Members are reminded that they are expected to adhere to |
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the standing rules. |
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House regulations require Members to be visible through a |
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video connection throughout the proceeding, so please keep your |
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cameras on. Also, please remember to remain muted until you are |
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recognized, to minimize background noise. If you have to |
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participate in another proceeding, please exit this one and log |
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back in later. |
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In the event a Member encounters technical issues that |
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prevent them from being recognized for their questioning, I |
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will move to the next available Member of the same party. I |
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will recognize that Member at the next appropriate time slot, |
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provided they have returned to the proceeding. |
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For those Members physically present in the committee room |
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today, we will also be following the health and safety guidance |
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issued by the attending physician. That includes social |
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distancing and especially the use of masks. Members and staff |
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are expected to wear masks at all times while in the hearing |
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room, and I thank you in advance for your commitment to a safe |
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environment for all here today. |
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One year ago today, during the early stages of the |
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pandemic, this committee held our first hearing on the impact |
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of COVID on small businesses. Since that hearing, our committee |
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has been working relentlessly to get them the aid they need to |
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make it through this crisis. |
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One of Congress' earliest and most effective means of |
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distributing relief to small businesses was through the |
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Paycheck Protection Program. Congress created PPP through the |
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CARES Act to provide fully guaranteed, forgivable loans to meet |
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payroll costs and other business expenses. |
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Today, PPP is still providing urgently needed funding. The |
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program accepts applications for first- and second-draw loans, |
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and has approved 2.1 million loans, totaling $156.2 billion |
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during 2021. |
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The high level of demand for PPP loans is a testament to |
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the program's effectiveness and the lingering impact of the |
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pandemic. It is clear that small businesses still need help, |
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but lingering issues in the program have led to the need for |
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Congress to consider a short-term extension beyond March 31. |
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Across the country, case counts, hospitalizations, and |
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deaths are trending in the right direction. At the same time, |
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we are vaccinating millions of Americans daily. This is cause |
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for optimism, but it does not mean this crisis is over. |
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The pandemic has caused unprecedented harm for small |
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businesses, and it would be a mistake to withdraw support |
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abruptly. Congress must work to understand the current |
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realities facing small business owners and extend PPP to meet |
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their needs. |
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We also continue to address the persistent issue of |
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inequity within the program. In the beginning, larger |
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businesses with ties to big banks received loans at the expense |
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of the smaller businesses. We have instituted numerous reforms |
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to empower community lenders to spread relief to underserved |
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businesses. |
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The Biden administration also took decisive action to get |
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funding to small businesses that had previously been neglected. |
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On February 22, President Biden announced the implementation of |
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a 14-day exclusivity window for small businesses with fewer |
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than 20 employees. The President also acted to get more money |
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to sole proprietors, make formerly incarcerated individuals and |
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those with federal student loan delinquencies eligible for PPP, |
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and clarified the use of ITINs. |
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I am pleased to report that these changes have been |
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effective in getting money to smaller businesses. According to |
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the Biden administration, there has been a 20 percent increase |
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in loans approved to minority-owned businesses, a 14 percent |
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increase in loans approved to women-owned businesses, and a 12 |
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percent increase in loans approved to businesses in rural |
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areas. |
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During the exclusivity period, the SBA has served more than |
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400,000 small businesses with fewer than 20 employees, nearly |
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200,000 of which are first-time PPP borrowers. This is |
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meaningful progress and a sign of the impact that delivered |
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reforms can have on businesses that are often neglected. |
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Today's hearing is timely. I hope that it will give us the |
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opportunity to examine the impact the Biden administration |
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reforms have made on small business owners and lenders and help |
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us identify ongoing challenges we continue to hear about from |
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borrowers and lenders alike. I look forward to hearing from our |
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panelists about the current state of PPP and their |
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recommendations on the program's future. |
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And now I would like to yield to the Ranking Member, Mr. |
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Luetkemeyer, for his opening statement. |
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Mr. LUETKEMEYER. Thank you, Madam Chair, and thank you for |
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calling this hearing on this very important topic. |
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The title of this hearing is ``The Next Steps for the |
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Paycheck Protection Program.'' This is a particularly important |
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topic, given the fact that the PPP is set to expire on March |
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31, just 3 weeks from today. |
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I am interested to hear from the panel before us on how |
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lenders and businesses view the program, areas that should be |
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improved, and how to adjust the program moving forward. While |
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discussion on the next steps is critical, I want to reiterate |
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how successful this program has been to date. |
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With the State and local shutdowns sweeping the Nation to |
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protect against the COVID-19--the spread of COVID-19, the Small |
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Business Administration and the Department of the Treasury |
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implemented the PPP in a matter of days. |
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From the day it opened in early April to the day it |
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concluded on August 8, 2020, the first round of PPP provided |
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just over 5.2 million loans, totaling $525 billion, with loans |
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averaging approximately $100,000. According to the SBA, more |
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than 50 million small business jobs were either saved or |
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assisted by the PPP through the program's first round in 2020. |
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The latest round of PPP includes a second-draw loan for |
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businesses still struggling with the pandemic and has provided |
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approximately 2.4 million new loans for $164 billion. The |
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average loan for the second round is just under $70,000. |
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Despite the success of the PPP, this program was always |
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meant to be temporary. As a reminder, the PPP was created under |
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the CARES Act, which was signed into law by former President |
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Trump on March 27, 2020. The program's current end date on |
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March 31, 2021, marks almost exactly one year to the day from |
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when it opened. |
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Across America, we are seeing vaccines in arms and |
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lockdowns being lifted. These actions are allowing businesses |
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the ability to start turning the corner and recover. The latest |
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statistics from the SBA on the PPP reiterate these facts, as |
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the demand for PPP loans has slowed. |
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Additionally, the SBA has informed lenders that on the |
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March 31 deadline, the SBA will stop processing loans, which is |
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very concerning. This means that even if a small business files |
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the application and a lender submits it to the SBA before the |
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deadline, the SBA will stop any and all processing of the loan |
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on March 31 |
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I have spoken to many lenders on this issue, and instead of |
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taking applications that will never be processed by the SBA, |
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they are planning to shut down the PPP lending until--entirely |
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before the March 31 deadline. |
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While the PPP has been a bipartisan product throughout its |
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tenure from the CARES Act, PPP Flexibility Act, and the |
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December COVID package, my colleagues on the other side of the |
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aisle decided to make the latest COVID relief package a |
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strictly partisan process. In their partisanship, they passed |
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legislation that did not extend the PPP deadline, despite |
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adding over $7 billion in funding to the PPP and increasing the |
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applicant pool of the program. The end result of this is the |
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passage of a bill seeking to beef up a program that is already |
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winding down and will end shortly. |
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Given these realities, I look forward to the hearing from |
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the panel--to hearing from the panel today regarding what |
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changes we need to make within the program and what steps |
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Congress needs to take. |
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Congress has important decisions to make, and it is my hope |
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that this hearing will assist us as we tackle the topics of |
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small business relief and small business recovery. |
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With that, Madam Chair, I yield back the time. And I also |
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thank the witnesses for being with us this morning. |
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Chairwoman VELAZQUEZ. Thank you, Mr. Luetkemeyer. |
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I would like to take a moment to explain how this hearing |
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will proceed. |
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Each witness will have 5 minutes to provide a statement, |
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and each Committee Member will have 5 minutes for questions. |
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Please ensure that your microphone is on when you begin |
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speaking and that you return to mute when finished. |
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With that, I would like to introduce our witnesses. |
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Our first witness today is Ms. Hilda Kennedy, Founder and |
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President of AmPac Tri-State CDC in Ontario, California. AmPac |
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CDC is a nonprofit certified lender of the U.S. Small Business |
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Administration working to finance the growth of small |
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businesses. AmPac has provided funding to over 135 with greater |
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than $200 million in loans under Ms. Kennedy's direction. |
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Our second witness is Ms. Lisa Bombin. Ms. Bombin is the |
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President and CEO of Unico Communications, Inc., in San |
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Antonio, Texas. Unico Communications is a Latino-owned micro |
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business operating in the events space. With assistance from |
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the PPP and EIDL programs, she has been able to adapt her |
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business to the changing reality of her industry and avoid |
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layoffs. |
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Our third witness is Ms. Lisa Simpson, Vice President of |
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Firm Services at the American Institute of CPAs. Ms. Simpson |
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leads the Private Companies Practice Section team at AICPA and |
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works on the development of practice management tools that |
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address topics most important for accounting firm owners. |
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I would now like to yield to Ranking Member Mr. Luetkemeyer |
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to introduce our final witness. |
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Mr. LUETKEMEYER. Thank you, Madam Chair. |
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Next witness is Ms. Alice Frazier. Ms. Frazier is the |
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president and chief executive officer of the Bank of Charles |
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Town in Charles Town, West Virginia. She also holds several |
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positions at the Independent Community Bankers of America, |
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which is also known as ICBA, and, today, she is testifying on |
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its behalf. |
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At ICBA, she is currently the organization's secretary on |
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the board of directors and Chair of the Policy Development |
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Committee. With the Bank of Charles Town participating in both |
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the first and second rounds of PPP, along with her numerous |
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roles of ICBA, I look forward to hearing Ms. Frazier's |
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perspective on the program as well as what Congress should be |
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concentrating on over the next few weeks. |
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Ms. Frazier, I would like to thank you and the other |
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witnesses for joining us today, and I anticipate a thoughtful, |
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informative discussion. |
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Thank you very much. |
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Chairwoman VELAZQUEZ. Thank you, Mr. Luetkemeyer. |
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I welcome all the witnesses, and thank you for taking time |
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to be with us today. |
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Ms. Kennedy, you are now recognized for 5 minutes. |
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STATEMENTS OF MS. HILDA KENNEDY, FOUNDER AND PRESIDENT, AMPAC |
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TRI-STATE CDC, DBA AMPAC BUSINESS CAPITAL, ONTARIO, CA; MS. |
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LISA BOMBIN, PRESIDENT AND CEO, UNICO COMMUNICATIONS, INC., SAN |
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ANTONIO, TX; MS. LISA SIMPSON, CPA, CGMA, VICE PRESIDENT OF |
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FIRM SERVICES, AMERICAN INSTITUTE OF CPAS, DURHAM, NC; MS. |
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ALICE FRAZIER, PRESIDENT AND CHIEF EXECUTIVE OFFICER, BANK OF |
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CHARLES TOWN, CHARLES TOWN, WV |
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STATEMENT OF HILDA KENNEDY |
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Ms. KENNEDY. Thank you, Chairwoman Velazquez, Ranking |
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Member Luetkemeyer, my Congresswoman, Judy Chu, and |
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distinguished members of the Committee. Good morning, and thank |
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you for having me today. |
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My name is Hilda Kennedy, and I am the founder and |
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president of AmPac Tri-State CDC. We are based in Ontario, |
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California. I am thrilled to have the opportunity to tell you |
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about AmPac and our participation in the Paycheck Protection |
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Program, our commitment to providing access to capital to |
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underserved borrowers, and policies that could help the |
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Committee in determining next steps. |
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AmPac was established and approved as the first faith-based |
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CDC committed to helping businesses in economically |
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disadvantaged communities and committed to walking hand-in-hand |
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with businesses throughout the lending process. I founded AmPac |
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in 2005, became a CDC in 2007, and a micro lender and CDFI just |
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4 years ago. |
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Today, we have helped small businesses obtain more than |
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half a billion dollars in SBA 504 loans and served start-up, |
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emerging, and scaling small businesses with SBA microloans and |
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CDFI loans, and partnered with several local governments to |
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help small businesses. |
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In the last year, we also served the Paycheck Protection |
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Program, but getting started was not without its challenges. At |
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first, we had to be approved as SBA lenders for PPP. Then when |
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Congress identified community financial institutions, or CFIs, |
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to provide needed PPP funding--lending, CDCs, CDFIs, and |
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microloans, AmPac stepped in with a firm commitment to help the |
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smallest of businesses with loans under $50,000. |
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I want to publicly thank my Congresswoman, Judy Chu, for |
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helping us to get attention on the issue of establishing |
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guidelines for CFIs to start lending. As nonprofit lenders, |
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CDCs also face liquidity issues. The availability for CFIs to |
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lend through the Federal Reserve liquidity facility, which the |
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Fed just extended--thank you--has been a lifeline for |
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participating CDCs to continue to deliver PPP loans. |
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Being designated as lenders for PPP and addressing the |
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liquidity issues were two of the major barriers to nonbank |
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lenders participating in PPP. Once we got underway, AmPac |
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funded 171 loans, totaling over $3 million, with an average |
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loan size of $17,000. |
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And to put a face on these numbers, I am reminded of |
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Leticia. She got a loan for a party planning business for |
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$2,875, and you would have guessed she got a million dollar PPP |
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loan. She came to us saying, You have no idea what this means |
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to my family. |
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When we reached out to Leticia regarding the Schedule C |
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changes for a second draw, Leticia qualified for a $20,000 PPP |
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loan. |
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In my written testimony, I shared a story about Calvin, a |
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custodial maintenance company, who had been rejected and |
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waitlisted by every emergency relief program. But when the |
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Schedule C qualifying calculation changed, Calvin qualified for |
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a $13,000 loan. He said, Hilda, I can't believe somebody |
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finally said yes. He is now able to pay his employees and keep |
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his business afloat. |
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We have many Calvins and Leticias in our community, and I |
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know several of my colleagues do as well. So many of the |
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Schedule C filers missed the opportunity for a higher PPP loan |
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in the first round and are in danger of missing out on this |
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round of funding. Since it took until March 3 to get the new |
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forms, time is not on our side. These businesses need a little |
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more help, and they are willing to do the work. Calvin and |
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Leticia are among the 95 percent Black and 91 percent Latino |
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Schedule C filers who need this relief, and we need time to |
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serve them. |
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As PPP comes to a conclusion, long-term recovery is top of |
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mind, and we believe community advantage is a critical tool, |
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especially for targeting businesses in underserved communities, |
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and to help PPP stabilize businesses' growth. SBA needs to move |
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forward to approve qualified lenders ready to serve. |
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As I conclude my comments, I want to thank the Committee |
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for the impactful aid to SBA's small business borrowers via |
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debt relief payments. Unfortunately, as you know, there is a |
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shortfall in this aid. I cannot overstate the fact that these |
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payments are critical for these small business borrowers. AmPac |
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and my CDC colleagues across the country and in your |
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communities are here and available to serve small businesses, |
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to help them recover, and to support their growth. |
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I sincerely appreciate the opportunity to testify this |
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morning and share AmPac's experience with the PPP program and |
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our mission to serve underserved borrowers. I look forward to |
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answering any questions you have. |
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Thank you. |
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Chairwoman VELAZQUEZ. Thank you, Ms. Kennedy. |
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Ms. Bombin, you are now recognized for 5 minutes. |
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STATEMENT OF LISA BOMBIN |
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Ms. BOMBIN. Thank you, Chairwoman Velazquez and members of |
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the Committee, for affording me a moment of your time to share |
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my story as a Latina small business owner. |
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As the founder and owner of Unico Communications, a 16-year |
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event production company and a Latina-owned business |
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headquartered in San Antonio, Texas, I am proud to say the |
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company has a solid reputation of producing large-scale events |
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for the Nation's most reputable nonprofit organizations. And I |
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am honored to represent a larger event industry that includes |
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master storytellers, writers, planners, producers, audio and |
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video engineers, caterers, and so many more magicians that |
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worked tirelessly behind the scenes of our most memorable |
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celebrations, concerts, conferences, and events. |
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The pandemic left my business, along with thousands of |
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other event companies across the country, scrambling to develop |
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a method to sustain my staff and execute payroll in the midst |
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of so much uncertainty. The merciless effects of the resulting |
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shutdown were evident in the swift volume of event |
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cancellations that followed. Our business came to an abrupt |
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halt. The only alternative was to suspend my own salary to |
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retain as much cash flow, enabling us to keep our staff secure |
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and fully employed for the immediate future. |
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After several emotional, exhaustive days of seeking a new |
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business strategy and plan, we had a glimmer of hope when |
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Congress established the Paycheck Protection Program in the |
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CARES Act. |
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To say the initial rollout was problematic may be an |
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understatement. When the application window opened, I, like so |
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many other businesses, had been banking with a well-known |
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national bank. And along with many small minority-owned |
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businesses, we were left in the dark. |
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Our financial institution provided no method of submitting |
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an application, instead offering only a landing page to stay |
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tuned for more details. And I found myself seeing the hours |
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slip away and feeling the anxiety rise in what folks like a |
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random selection of some of my peers and fellow business owners |
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who had confirmed their applications had been successfully |
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processed at other banks. All the while, payroll deadlines |
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loomed for my team. |
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After multiple attempts to submit our application, I |
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contacted the U.S. Hispanic Chamber of Commerce to seek advice |
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and technical assistance, and they recommended that I submit a |
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PPP application through a small community bank, as they had |
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been seeing an increased track record of successful submissions |
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from other members across the country. |
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Furthermore, the USHBC was one of the few national |
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organizations providing technical assistance in both English |
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and Spanish to minority-owned businesses and worked with the |
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SBA to have them translate their resources into multiple |
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languages. |
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There wasn't a list of lenders from which to start. I |
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brought in my husband to help research, and we began making |
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calls and scouring the internet through the night to research |
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local banks across our State to see if they would accept |
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applications from new customers. |
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We were incredibly fortunate to have had success in |
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submitting and securing a PPP loan in the amount of $26,900 |
|
through Pioneer Bank, a small Texas regional institution. |
|
Sadly, not all businesses like mine were able to secure a |
|
PPP loan. There were more than 150,000 Latino small business |
|
owners that lacked the access to technology and guidance to |
|
resources in Spanish and, as a result, have succumbed to |
|
closure. |
|
According to a study published by Small Business Majority, |
|
which service small and minority-owned business owners, one in |
|
three say the process of applying for the PPP was challenging |
|
due to the calculations and paperwork involved, and nearly one |
|
in four said that finding a lender willing to accept their |
|
application was challenging. |
|
Now more than ever, small minority-owned businesses need |
|
the U.S. Small Business Administration and its portfolio of |
|
loans and technical assistance programs. Our business |
|
membership with the U.S. Hispanic Chamber of Commerce helped me |
|
navigate this convoluted process through the communications. |
|
Furthermore, I received technical guidance from the |
|
University of Texas at San Antonio's Small Business Development |
|
Center and additional funding through the city of San Antonio's |
|
Recovery Grant Program facilitated by LiftFund, a community |
|
development financial institution. |
|
These three entities were critical in my business success |
|
during one of the most unprecedented economic times in American |
|
history. If it had not been for the forgivable loans built into |
|
the CARES Act, our business would not have been able to |
|
survive, because we could not sustain more debt. |
|
As a small business owner, I call upon our Members of |
|
Congress to expand PPP loans for our Nation's small and |
|
minority-owned businesses and to provide more support and |
|
financial resources to the SBA and the Minority Business |
|
Development Agency to fund critical, technical assistance in |
|
multiple languages through public-private partnerships with |
|
chambers of commerce and other business associations across the |
|
country. |
|
Our road to recovery is still vast, and organizations like |
|
these need to be funded and sustained to continue helping |
|
businesses like mine navigate the ongoing economic crisis. |
|
Thank you again, Chairwoman Velazquez and members of this |
|
Committee, for your leadership and continued legislative |
|
collaboration to ensure the economic survival of America's more |
|
than 30 million small businesses, of which 4.7 million are |
|
Hispanic-owned. |
|
Chairwoman VELAZQUEZ. Thank you, Ms. Bombin. |
|
Now we recognize Ms. Simpson for 5 minutes. |
|
Ms. Simpson, you are muted. You need to unmute yourself. |
|
Ms. SIMPSON. Common for me. I apologize. |
|
Chairwoman VELAZQUEZ. Okay. |
|
|
|
STATEMENT OF LISA SIMPSON |
|
|
|
Ms. SIMPSON. Thank you again for the opportunity to talk |
|
about the Paycheck Protection Program on behalf of the American |
|
Institute for CPAs. |
|
I am Lisa Simpson. I am the vice president of Firm |
|
Services. And in my role, I have been helping support thousands |
|
of small CPA firms and their business clients navigate PPP |
|
since the program launched last April. |
|
I want to thank Congress, the SBA, and Treasury for the |
|
program and the lifeline that it has provided at a critical |
|
time. It helped so many businesses and nonprofits keep their |
|
employees on the payroll, keep the lights on, pay the rent, and |
|
position their businesses to succeed when the economy is ready |
|
to reopen. |
|
In my testimony, I want to talk about how the accounting |
|
profession is helping PPP borrowers, review some of the major |
|
challenges within the system currently, and ask Congress to |
|
extend the PPP application period for at least an additional 60 |
|
days. |
|
Many small business owners do not have accounting |
|
professionals in-house, so when PPP opened, they immediately |
|
turned to their CPAs or their trusted business adviser to help |
|
with the program. So to help the CPAs and their small business |
|
clients, we developed free resources, including loan amount |
|
calculators, loan forgiveness calculators, and we provided |
|
townhalls to allow for questions and answers to be submitted, |
|
to provide the latest breaking news on guidance and changes so |
|
that we could make these free resources available to the small |
|
business owner who maybe doesn't love accounting as much as I |
|
do. So we try to approach it from their perspective. |
|
We also asked to engage with the SBA, Treasury, payroll |
|
providers, and lenders to create a holistic environment where |
|
we can talk about the challenges and areas where additional |
|
guidance might be needed. |
|
There are current operational challenges, as you have heard |
|
about. When PPP reopened in 2021, the SBA implemented front-end |
|
compliance checks designed to limit and reduce the amount of |
|
fraud in the program. We support those reasons established to |
|
limit fraud and to protect taxpayer money. However, these |
|
challenges--these front-end compliance checks have created |
|
significant challenges for small business borrowers to be able |
|
to access the SBA system and to get their loans through the |
|
system and then to the approval process. |
|
As we discussed, in written testimony, there are over 50 |
|
error codes and flags that can be difficult to decipher and |
|
resolve by both the lender and the borrower. Borrowers can end |
|
up being caught in limbo for weeks. We have heard of situations |
|
where borrowers have suffered as long as 6 weeks waiting for |
|
their application to either get into the system or make it |
|
through to the approval process. |
|
One of those borrowers is Shawnetta (ph), who I spoke with |
|
several times. Her application was flagged. 2020 was a very |
|
difficult year for her. She survived COVID and cancer, but her |
|
loan application in 2021 was stopped. She ended up having to |
|
give up her warehouse space before her loan ultimately came |
|
through. |
|
These flags and the error codes impact the smallest |
|
businesses and can trigger a loop where there is no way to get |
|
out. So we are asking for transparency and additional resources |
|
to resolve these error codes. |
|
Recent changes to the program for self-employed borrowers |
|
are well intended to provide additional relief to the smallest |
|
of self-employed borrowers. However, changing a program |
|
midstream has caused anxiety, confusion, and delays in the |
|
process. The guidance was released in--March 3. Lenders are |
|
still working to update their system to enhance--to accept |
|
these changes, and now we are hearing that many borrowers--many |
|
lenders are simply closing their application windows because |
|
they need time to clear out the applications that are in |
|
process. |
|
For these reasons, we are asking for that 60--at least a |
|
60-day extension on the application window. |
|
The changes for self-employed borrowers are not |
|
retroactive, and this is resulting in a situation where |
|
hundreds of thousands, perhaps as many as 2 million self- |
|
employed borrowers are not able to take advantage of this |
|
enhanced loan amount. So they are feeling like they have been |
|
left behind, and they are not able to get loans that our CPAs |
|
who support small and minority-owned businesses are saying $7- |
|
to $10,000 in additional loan amounts could make the difference |
|
in the survival of these small businesses and return the |
|
corner. |
|
In addition to the complexities within the system, CPAs who |
|
are instrumental in helping their small business clients and |
|
not-for-profits navigate PPP are also dealing with counting |
|
around issues like the Employee Retention Credit, EIDL, the |
|
shuttered venue operator agreement, which we are still looking |
|
for guidance on. |
|
So providing additional time will allow the CPA to work |
|
with small business borrowers to find the program that best |
|
suits their needs. |
|
In conclusion, I would like to thank Congress and the SBA |
|
and Treasury for engaging in a conversation on how to improve |
|
this program, how to keep it going, and I urgently urge you to |
|
extend the deadline for at least another 60 days. |
|
Thank you. |
|
Chairwoman VELAZQUEZ. Thank you, Ms. Simpson. |
|
Now we recognize Ms. Frazier for 5 minutes. |
|
|
|
STATEMENT OF ALICE FRAZIER |
|
|
|
Ms. FRAZIER. Thank you, Chairwoman Velazquez, Ranking |
|
Member Luetkemeyer, and members of this Committee. |
|
I am Alice Frazier, president and CEO of Bank of Charles |
|
Town, a $620 million asset community bank in the eastern |
|
panhandle of West Virginia, and we serve Hagerstown, Maryland, |
|
and Loudoun County, Virginia as well. Today, I am testifying on |
|
behalf of the Independent Community Bankers of America, where I |
|
serve as Chair of the Policy Development Committee and a member |
|
of the board of directors. Thank you for this opportunity to |
|
testify at today's hearing. |
|
The PPP has been a lifeline for small businesses, churches, |
|
and other nonprofits in the communities we serve. My comments |
|
reflect conversations with hundreds of community bankers across |
|
the country. |
|
Our firm was a natural fit in the business model of a |
|
community bank, as we are a small business lending specialist |
|
with deep roots in the communities we serve. My bank's PPP |
|
lending is typical of any community bank across this Nation. |
|
In the first round, we made 557 loans. In the second round, |
|
we have seen approximately half the demand and have made 272 |
|
loans to date. In each round, about 85 percent of the loans |
|
were under $150,000, and more than half were microloans of less |
|
than $50,000. Our PPP lending has saved nearly 7,000 jobs so |
|
far and is really making a difference in the communities we |
|
serve. |
|
Other community banks have had similar results. In fact, |
|
community banks made 60 percent of the first-round PPP loans, |
|
which supported over 33.7 million jobs. What is more, community |
|
banks made over 70 percent of the PPP loans to minority-owned |
|
and women-owned businesses, and over 60 percent of the PPP |
|
loans to veteran-owned businesses. |
|
To obtain most of the value of this program for the |
|
communities we serve, BCT, Bank of Charles Town, like all |
|
community banks, is committed to conducting outreach to |
|
potential applicants. During the first round, we recorded |
|
podcasts and participated in local radio shows. In the second |
|
round, after learning that some minority communities lacked |
|
access to the program, we initiated targeted outreach to reach |
|
these communities. |
|
In recent webinars, we sponsored with the local chapters of |
|
the NAACP. We encountered numerous businesses, churches, and |
|
other loan candidates that had not previously applied for a PPP |
|
loan because they thought--they couldn't find help with the |
|
paperwork or because they were turned away by a larger bank as |
|
too small. |
|
To date, we have helped 38 businesses obtain first-draw |
|
loans during the second round. Just last week, we had an |
|
African American church applicant for a first-draw loan. Though |
|
they qualified for a $4,000 loan, they only requested $2,000 |
|
because they were concerned that if it were not fully forgiven, |
|
they did not want to be left with an outstanding loan. After |
|
additional education and coaching, they decided to take the |
|
full loan. |
|
This program cannot fulfill its potential without a one-on- |
|
one advice from a lender who is committed to making it work. |
|
And, as you know, the PPP closes 3 weeks from today, on March |
|
31, and while demand for the program has slowed significantly, |
|
there are still businesses and nonprofits that desperately need |
|
these funds. |
|
At this moment, thousands of applications are in limbo |
|
because they were put on hold by an automated screening |
|
program. With the deadline approaching, we ask this Committee's |
|
help in urging the SBA to expedite the review of these holds. |
|
Also, under current law, any application not approved by |
|
March 31, even if it was submitted prior to that date, cannot |
|
receive PPP funds. No applicant should be left stranded because |
|
of bureaucratic red tape. We believe an application submitted |
|
by March 31 should be eligible for approval and funding. |
|
Lastly, if the Congress extends the deadline beyond March |
|
31 or creates another round of PPP, the program should be |
|
targeted at those industries that have suffered the most in the |
|
pandemic: hospitality, travel, conventions, and others. These |
|
industries are major employers in many of the regions of the |
|
country and will continue to need assistance until the economy |
|
has fully reopened. |
|
We have a set of recommendations for ensuring the funds are |
|
equitably distributed and retain the most value for job |
|
preservation, and I refer you to my written testimony for more |
|
detail. |
|
Thank you again for convening today's meeting, your |
|
leadership, and the opportunity to offer my perspective. I am |
|
happy to answer any questions you may have. |
|
Chairwoman VELAZQUEZ. Thank you, Ms. Frazier. |
|
Thank you to all the witnesses for the incredible, |
|
important information that you have shared with us. |
|
I would like to address my first question to Ms. Kennedy. I |
|
was pleased to see the Biden administration announce policy |
|
changes allowing sole proprietors to secure considerably larger |
|
PPP loans. Given that 70 percent of businesses without |
|
employees are owned by women and people of color, can you |
|
discuss the impact the rule will have on them and their ability |
|
to recover from the pandemic? |
|
Ms. KENNEDY. Thank you, Chairwoman Velazquez. And I can't |
|
overstate the significant impact to women and minorities for |
|
this program. The examples that I gave to you--an African- |
|
American-owned custodial maintenance company, and Leticia, a |
|
Latina-owned, women-owned business in the party planning space, |
|
they absolutely need those resources, and that Schedule C |
|
change was absolutely critical. |
|
Our involvement with the Women Business Owners Association |
|
in our local area and statewide, our involvement with local |
|
Black and Latino chambers of commerce, they need and want this |
|
program for Schedule C borrowers, and that change will be the |
|
difference between them keeping their doors open or closing. |
|
Chairwoman VELAZQUEZ. Thank you. |
|
Ms. KENNEDY. Thank you. |
|
Chairwoman VELAZQUEZ. Ms. Simpson, as a representative of |
|
the CPA community, you deal with your small business clients |
|
regularly, and I am sure they bank at different places. We have |
|
heard feedback that some larger lenders are not currently |
|
processing PPP loan forgiveness applications for loans made in |
|
2020. |
|
What consequences could a serious delay in PPP loan |
|
forgiveness have on small business? |
|
Ms. SIMPSON. Thank you, Chairwoman Velazquez. PPP |
|
forgiveness is computated depending on the amount of the loan, |
|
and there has been conversations leading up to the legislation |
|
that was passed December 27 around whether or not the |
|
forgiveness process can be simplified for loans of $150,000 and |
|
less, which was approved. |
|
We do expect that there will be an increase in the capacity |
|
of lenders to begin expecting the forgiveness applications |
|
again. They have put all their efforts recently into launching |
|
these--this new round of PPP, but we know that they are |
|
certainly--from the conversations we have had, they seem |
|
willing and anxious to turn to for their next processing. |
|
We believe that this gives borrowers ample time to navigate |
|
other release options, such as the Employee Retention Credit, |
|
which can be an amazing source of much-needed funds, but there |
|
are complicated interplays between Employee Retention Credit |
|
and PPP, so taking the time to navigate that is vital. |
|
Chairwoman VELAZQUEZ. Thank you. |
|
Ms. Bombin, I understand your initial PPP loan application |
|
was denied, and you had to find a lender who was willing to |
|
make a PPP loan to a four-employee micro business such as |
|
yours. Can you elaborate on that process now that you have |
|
received your PPP loan? How did your PPP experience change your |
|
views on banking big versus banking small? |
|
Ms. BOMBIN. Thank you so much for this time, Chairwoman. I |
|
want to elaborate that it wasn't that it was denied; it was not |
|
available. We received notice from this national bank, and on |
|
their landing page, they simply redirected, as all of the--as |
|
the grand opening of the PPP had been--window had been opened |
|
on April 3, they had a statement on the website basically |
|
letting folks know that because there was significant interest, |
|
they were not able yet to process, and there has been a high |
|
volume of interest received, but they were not yet accepting. |
|
So within that period of time, we--as we scoured and found |
|
Pioneer Bank, it became our lifeline for our business. We see |
|
this experience now as eye opening. I feel the value of |
|
ensuring that we put our business--small business' dollars and |
|
our worth to financial institutions that respect our |
|
investment, our time. And the power that we bring as one body |
|
is critical. |
|
So after applying through this smaller bank, it became |
|
clear that the only way we could see change happen is by moving |
|
your funds and your worth and your revenue to facilities and |
|
banks that do value you. |
|
As of this time, we have received funding. We have now |
|
moved our business accounts over to a smaller local bank. It is |
|
a very different experience, but every time I call, they know |
|
my name. It is refreshing. |
|
Chairwoman VELAZQUEZ. Thank you. |
|
My time has expired, and now I recognize the Ranking |
|
Member, Mr. Luetkemeyer. |
|
Mr. LUETKEMEYER. Thank you, Madam Chair. |
|
Ms. Frazier, as we all know, the March 31 deadline is |
|
quickly approaching. In your testimony, you state that |
|
community banks have seen a demand, or at least your bank has |
|
seen demand cut in half for the second round of PPP here |
|
compared to the first round. |
|
Can you provide a little more detail on what you think is |
|
the reason for that? Is it just not enough banks--or people |
|
qualifying, or do you think there is no demand for it, or in |
|
your particular area, your economy is coming back, or what |
|
would--can you elaborate on it just a little bit further? |
|
Ms. Frazier? Unmute, please. |
|
Ms. FRAZIER. Thank you very much. |
|
I would say necessarily there would be less folks applying |
|
for the loans just within with the new rules of having to |
|
demonstrate 25 percent impact gross revenues over a quarter. |
|
And there are businesses that have recovered, but there are |
|
many small businesses that still desperately need this program. |
|
And as I mentioned in my testimony, there are still small |
|
businesses that didn't apply the first time that are getting |
|
their first draw this time. So I would liken it that the |
|
program with 500 and less employees has diminished the numbers |
|
that qualify and that the program is far more targeted and |
|
focused on those that need it the most. |
|
Mr. LUETKEMEYER. Well, in your testimony, you suggest that |
|
if we do another round, that it be more targeted. And I am kind |
|
of curious. What is the reason that the--that the applicants in |
|
your business did not apply for the first round? Were they not |
|
in business? They were, you know, struggling to do that, or |
|
they thought they could do without it and just didn't want to |
|
go through the hassle, or the bank didn't contact them, or what |
|
was the reason for, you know, not even being--not wanting to |
|
participate the first time? |
|
Ms. FRAZIER. I will give you, if I may, a few examples to |
|
that. |
|
First of all, just a week ago, I was speaking with a |
|
restaurant owner who had tried to apply in the first round with |
|
their bank, similar to Ms. Bombin. The bank itself was not |
|
helpful in getting that to her, and she was busy working in the |
|
business rather than having time to work on the business and |
|
make these applications. So she now has applied with us for a |
|
first-round draw. Given the timeframe of March 31 deadline, she |
|
will not be able to access the second draw, which her |
|
restaurant will clearly need to continue to survive. |
|
But I also would state that I don't know that it--it is |
|
about not having access. I think it is about having |
|
information, and outreach is critically important, as I cited |
|
in the testimony, and as--like all banks--community banks have |
|
done, have really reached into the community to---- |
|
Mr. LUETKEMEYER. Thank you. Well, it is disappointing to |
|
hear that the banks are not doing their job, which is to try |
|
and help their customers access the program, because I think |
|
that is part of their job, is to be able to help their customer |
|
access this program, be able to help them through the problem |
|
and help their community. It is disappointing to hear that they |
|
are not doing it. |
|
One more question for you before I move on to another |
|
witness here. With regards to the code problem, there is about |
|
50,000 loans right now sitting in--at SBA that are--they are |
|
working through manually trying to get these things done, and |
|
by end of the month, anticipate somewhere around 10,000 are |
|
still not being able to be processed because of that code |
|
problem. |
|
What is your solution to that? Or have you been talking to |
|
the SBA? What do they say? Where do you think we stand on that? |
|
Ms. FRAZIER. That is definitely a difficult issue. We have, |
|
for example, one borrower that has been in the code issue since |
|
January 29 that we have been trying to resolve, and we--you are |
|
forced to use the systems to do that. However, not always can |
|
you resolve an issue through a system, and you need to speak |
|
with somebody that is--has expertise and ability to point you |
|
in the right direction so that the borrower can benefit from |
|
this program. |
|
And so if we can have an experienced help desk with a live |
|
person that can answer the phone and be able to support us, I |
|
think we would be able to find error resolutions moving along |
|
much faster. |
|
Thank you. |
|
Mr. LUETKEMEYER. I appreciate that. |
|
Ms. Simpson, you mentioned in your testimony that you think |
|
there is as many as 2,000--or, excuse me--2 million loans that |
|
are sitting out there waiting to get money that probably will |
|
not apply. Where do you get that figure from, and what do you |
|
think is the holdup on that? |
|
Ms. SIMPSON. Let me clarify that comment. The 2 million |
|
represents the number of self-employed business owners who, |
|
based on the data that we have available, may have already |
|
applied for either--for a first-draw loan at the reduced loan |
|
amount. So they can't take advantage of the increase based on |
|
the new guidance. |
|
Mr. LUETKEMEYER. Okay. All right. Thank you very much. |
|
My time has expired. Madam Chair, I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman's time has expired. |
|
Now we recognize the Chairman oF the Subcommittee on |
|
Underserved, Agricultural, and Rural Business, Mr. Golden from |
|
Maine. |
|
Mr. GOLDEN. Thank you, Madam Chair. |
|
I think I am going to try and follow up a little bit |
|
further with that final question from the Ranking Member, and I |
|
will direct it at Ms. Simpson. |
|
So we already know that you mentioned this issue in your |
|
testimony, where you found that a lot of your members probably |
|
could have gotten a much higher PPP maximum, maybe around 50 |
|
percent higher, if they are able to retroactively adjust the |
|
max amount to account for SBA's recent guidance for 1040 |
|
Schedule C filers. |
|
Do you or your association have any kind of estimates about |
|
what share of Schedule C filers could benefit from a |
|
retroactive application? |
|
Ms. SIMPSON. I don't. I am sorry. We can certainly take |
|
that back to the team and try to find that information. |
|
There is a cap on the loan amounts for Schedule C borrowers |
|
just like all owners of 20,833, so that does limit the cap of |
|
the loan, but we can certainly take that back and look into it. |
|
Mr. GOLDEN. Yeah. That would be very helpful. You know, and |
|
if anyone else on the panel has--thinks they have any idea of |
|
what the scale is like out there, that could obviously have an |
|
impact on future discussions about additional appropriations |
|
for the program if people were allowed to apply retroactively |
|
for a higher loan amount. So I think that would be very helpful |
|
information for this Committee and for Congress. |
|
I guess I would also ask, Ms. Simpson, have you heard any |
|
examples from clients that your association represents who are |
|
in the situation with the Shuttered Venue Operators Grant |
|
program where we have a venue that is publicly owned but |
|
privately operated who are questioning whether or not they are |
|
going to be eligible for that program? |
|
Ms. SIMPSON. There is certainly certain uncertainty around |
|
the requirements for the--what we essentially call the SVOG, |
|
and so they are anxiously waiting for that program to open up |
|
before the process to begin to apply. |
|
Mr. GOLDEN. So you don't have any early information about |
|
what eligibility is going to look like for those types of |
|
entities then? |
|
Ms. SIMPSON. That is correct. I do not. |
|
Mr. GOLDEN. All right. That is helpful. |
|
I think basically everyone on the panel, or at least pretty |
|
close to, has talked about some of the issues with 2021 |
|
applicants facing delays related to error flags in the SBA |
|
system. And some of you have suggested that perhaps we should |
|
ensure that people are eligible beyond March 31 if they, you |
|
know, miss that deadline through no fault of their own, |
|
essentially if the flag is dropped and is resolved in their |
|
favor, but then they find that they are not eligible. So I |
|
think everyone is in agreement about that. |
|
But I am also hearing from a lot of constituents who are |
|
looking at the Shuttered Venue Operators Grant, but they are |
|
worried that they are going to find out late in the game that |
|
they are not eligible, and then it will be too late to apply |
|
for a second-draw PPP or even a first-draw PPP. |
|
So would you--any of you recommend maybe some kind of like |
|
safe harbor to address a situation like that where people are |
|
waiting for the shuttered venue program but could be excluded, |
|
you know, late in the game, and then miss the ability to apply |
|
for the PPP? |
|
Ms. SIMPSON. I believe that there is a current proposal to |
|
allow PPP almost as a bridge while waiting for the requirements |
|
around the SVOG to be fully fleshed out, and then that PPP loan |
|
could be reduced from the amount of any SVOG grant. |
|
Mr. GOLDEN. And you are aware that that is---- |
|
Ms. SIMPSON. The challenge there---- |
|
Mr. GOLDEN. That is just a proposal, correct? |
|
Ms. SIMPSON. That is correct. It is just a proposal, as far |
|
as I understand. But the challenge there is the impending March |
|
31 deadline on loan application. And I think SVOG-eligible |
|
entities are just nervous about which way to go. |
|
Mr. GOLDEN. Thank you. |
|
If anyone else wants any other feedback, you have got about |
|
30 seconds left of my time, and I would be happy to let you |
|
have it. |
|
Ms. FRAZIER. I would just like to add that I would consider |
|
that also in the targeted industries, that if you were to |
|
extend the deadline, that this too would be one of those |
|
industries that should be eligible for that. |
|
Mr. GOLDEN. Very good. |
|
Madam Chair, I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
Now we recognize the gentleman from Texas, Mr. Williams, |
|
Vice Ranking Member of the Committee, for 5 minutes. |
|
Mr. WILLIAMS. Thank you, Madam Chairwoman. |
|
PPP was designed to help small businesses during COVID-19 |
|
and keep employees on payroll. The program was only designed to |
|
be 8 weeks long to sustain businesses during short-term |
|
lockdowns. |
|
My colleagues on the other side are focused on expanding |
|
the program for political gains with union members and Planned |
|
Parenthood overprioritizing hard-working businesses that use |
|
this program as a lifeline. It is irresponsible for Congress to |
|
continue expanding PPP unless it targets specific industries |
|
that have been hit hardest by the COVID restrictions. We don't |
|
want PPP to become part of an economy. At the end of the day, |
|
we need to cut taxes. |
|
So my question to you, Ms. Frazier: What metrics should we |
|
be looking at as we disperse what is left in PPP, and how do we |
|
determine what industries should be targeted? |
|
Ms. FRAZIER. Thank you. I believe the metrics that you |
|
began with in this what is called second round, where you |
|
looked at the number of employees and an actual impact to |
|
revenues to the businesses, actually targeted--began to target, |
|
as you noticed in the number of applications this time, so I |
|
would continue along that path. |
|
As you decide how much more to support, maybe--I can tell |
|
you from looking at the restaurants, what we have seen is |
|
anywhere from 40 to 70 percent of revenues are reduced, |
|
depending upon their business model as an example overall. But |
|
I do believe the number of employees, the revenue impact of the |
|
organizations, and the changes to the Schedule C, I believe, |
|
that were late in the game are critically important, as well |
|
allowing that route, folks that may have already applied, to |
|
return and see an increase would be very helpful for them. |
|
Mr. WILLIAMS. All right. Thank you. |
|
Many banks have announced that they will no longer accept |
|
applications, as we talked about this morning, 2 weeks prior to |
|
the March 31 deadline, when Paycheck Protection Program is |
|
expected to close. Many of these deadline concerns come from |
|
the Small Business Administration delaying applications because |
|
of automated holds due to fraud and abuse. A suggested solution |
|
has been to put a time stamp on applications to ensure who |
|
apply up until March 31 are guaranteed to be processed. |
|
So also to you, Ms. Frazier: Can you elaborate on the PPP |
|
information gap between the Small Business Administration and |
|
lenders and how your community bank plans to handle the March |
|
31 deadline? |
|
Ms. FRAZIER. Certainly. Thank you. We are asked internally |
|
what we said was a March 29 deadline, not--mainly because what |
|
I would speak to is it takes time for any bank, and us |
|
included, to process the application, ensure we have all the |
|
documentations, ensure the calculation is correct before we can |
|
submit to the SBA. And then once submitted to the SBA, it can |
|
be 24 to 48 hours, assuming there are zero error messages. |
|
And what we have said to our borrowers or potential |
|
applicants is that get it in before that date because we can't |
|
guarantee it will be completely approved by the March 31 |
|
timeframe. |
|
Mr. WILLIAMS. Okay. Ms. Simpson, you mentioned complexity |
|
and confusion of tax deadlines stemming from Paycheck |
|
Protection Program and COVID-19. PPP was intended to be a |
|
lifeline for small businesses, not an avenue to force |
|
burdensome tax liabilities and operational challenges on Main |
|
Street America. |
|
So, Ms. Simpson, can you talk about some of the most widely |
|
asked CPAs--questions CPAs have gotten related to PPP loans and |
|
what guidance would be most helpful to get these issues |
|
resolved before tax day? |
|
Ms. SIMPSON. Well, it gets complex and gets into some of |
|
the nuances of Tax Code. Before we get tax returns filed, |
|
borrowers are looking for guidance as to how these are actually |
|
going to show up on the tax returns. |
|
So some IRS guidance is needed. And, additionally, some |
|
guidance around, again, how to report ERC as an additional |
|
credit opportunity that has been made available to PPP |
|
borrowers who couldn't take it in 2020 but are now eligible. |
|
There are some complex requirements around when that gets put |
|
back on the tax return. |
|
Mr. WILLIAMS. Okay. I thank all of you for participating |
|
today, and I yield my time back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
Now we recognize the gentlelady from Kansas, Ms. Davids, |
|
for 5 minutes, Chairwoman of the Subcommittee on Economic |
|
Growth, Tax, and Capital Access. |
|
Ms. DAVIDS. Thank you, Chairwoman Velazquez and Ranking |
|
Member Luetkemeyer, for holding this important hearing today. |
|
I am really glad that we are talking about the next steps |
|
for the Paycheck Protection Program. It has obviously been a |
|
very, very important program. And with the vaccine rollout |
|
speeding up, there is real hope for economic recovery and into |
|
the public health emergency that we are in the middle of. |
|
And, you know, I think that it is clear we have heard today |
|
and we have heard over the last couple of months that small |
|
businesses are still struggling to keep their doors open and |
|
trying to just figure out how to move forward. And I am really |
|
glad that so many of us on this Committee are committed to |
|
providing the support that our small businesses need. Clearly, |
|
small businesses are the backbone of our economy. |
|
And I know that the Paycheck Protection Program has, at |
|
least from a number of people in the Kansas Third, has really |
|
saved a lot of livelihoods and enterprises from some pretty |
|
extreme economic difficulties. And I also know we heard about |
|
the roadblocks, the hiccups, the difficulties that folks have |
|
faced. |
|
And I am kind of interested to start off with whether or |
|
not, Ms. Kennedy and Ms. Simpson, if you could, kind of talk a |
|
little bit about the second-draw restrictions, whether it is |
|
too restrictive for the folks that you all are seeing, and then |
|
also as a follow-up--and this can be for anybody--the major |
|
challenges that we are seeing that are slowing down the loan |
|
applications. |
|
Maybe, Ms. Frazier, if you could answer that second |
|
question after Ms. Kennedy and Ms. Simpson. |
|
Ms. KENNEDY. Thank you so much. On the second-draw |
|
restrictions, I think that the guidelines were very reasonable |
|
and, certainly, this second rollout of PPP really made a |
|
difference in helping the communities that needed the most |
|
service. |
|
The change with the Schedule C has been really significant, |
|
and I can't emphasize enough time is not on our side. And so |
|
the time to help these businesses that are Schedule C, to get |
|
the funds to underserved communities, that, quite frankly, are |
|
the greatest impacted in the pandemic if you look at the |
|
numbers for economically disadvantaged communities and rural |
|
communities, to be able to get access to these resources, and |
|
the Schedule C change will make a significant difference. |
|
And I will say to you in response to your last question, |
|
the errors in the holds have been a real challenge. There was |
|
kind of a magic wand after the February 24 changes were made |
|
that helped to remove some of the errors. But the resources, |
|
the competent staff to help people address those errors is |
|
really what is slowing down the process. And with this looming |
|
deadline, it could absolutely cripple the program and small |
|
businesses from getting the help that they need if we don't get |
|
that addressed. |
|
Ms. SIMPSON. If I may, I will address the second question |
|
and then go back to the third. |
|
Regarding the conversations around providing an opportunity |
|
for SBA to approve applications that are in the pipeline on |
|
March 31, that is great, but there are still so many |
|
applications that can't even get through the front door to get |
|
into the SBA system. |
|
In our written testimony, we provided some graphics because |
|
it is really complicated, and so a visual aid has been included |
|
in the materials to help explain that front door that is |
|
entrapping so many applicants. So if that could be taken into |
|
consideration when thinking about that March 31 deadline, that |
|
would be very helpful. |
|
As to the first question around the 25 percent revenue |
|
decline for second-draw loans, we are working with CPAs. We are |
|
trying to help their clients understand whether or not they |
|
qualify at that 25 percent level. The SBA and Treasury have |
|
been very open and flexible in how borrowers can calculate |
|
that. However, we still need a key piece of guidance as to |
|
whether some of the other business relief funds that came out |
|
of the CARES Act, such as Provider Relief Funds and HHS funds, |
|
are included in gross receipts. |
|
Ms. DAVIDS. Thank you. And then I will have to follow up. I |
|
would like to follow up, Ms. Frazier and Ms. Bombin, about a |
|
couple of other things. So thank you all for your time. |
|
I yield back. |
|
Chairwoman VELAZQUEZ. The gentlelady yields back. |
|
The gentleman from Minnesota, Mr. Hagedorn, is recognized |
|
for 5 minutes. |
|
Mr. HAGEDORN. Thank you, Madam Chair. I appreciate you and |
|
the ranking Republican member for holding this hearing. It is |
|
very beneficial. |
|
As we know, the Paycheck Protection Program was designed to |
|
help businesses and others get from one side of the coronavirus |
|
to the other and keep people employed and paid. And it has been |
|
very successful in many ways. Many members of this Committee |
|
and my Agriculture Committee where I serve worked early on to |
|
see that farmers and ranchers would also be included in the |
|
Paycheck Protection Program. |
|
Unfortunately, there has been a little bit of an oversight, |
|
I believe, in the last legislation where farmers and ranchers |
|
are only allowed to use net income instead of gross income for |
|
calculations to apply for PPP loans. And I offered an amendment |
|
in the reconciliation process with this Committee. It wasn't |
|
accepted, but I know there was a lot of folks on the other side |
|
of the aisle who felt like it was an amendment that we should |
|
take another look at. |
|
So I have introduced legislation, the PPP Flexibility for |
|
Farmers and Ranchers Act. It is H.R. 1411. Has about 70 |
|
cosponsors already, and that would fix this loophole and allow |
|
our farmers and ranchers to use gross income for their |
|
calculations. |
|
And, Ms. Frazier, I noticed in your testimony that you |
|
discuss this concept. Can you explain to folks why this is so |
|
important for our farmers and how it will help our communities? |
|
Ms. FRAZIER. Thank you. Well, as we know, the farmers |
|
really are the ones that feed us every day, provide the food |
|
for our tables and for our lunches, et cetera. And they work |
|
very hard on their businesses, and oftentimes their net bottom |
|
line is very small in comparison to what they provide at the |
|
gross revenue level. |
|
So similar to the Schedule C, this change to the schedule |
|
act was critically important and has actually given the farmers |
|
quite a bit of hope. And we saw quite a number of farmers |
|
coming back, looking for additional funds, and excited to see |
|
that benefit. So I thank you for those changes and really |
|
support your initiatives to continue that. |
|
Mr. HAGEDORN. I appreciate it. Thank you. |
|
And as somebody who represents southern Minnesota, a lot of |
|
agricultural interest, I can tell you that, you know, when farm |
|
families sell out, they usually sell out to bigger operators, |
|
and bigger operators are not bad folks but it means that we are |
|
going to have fewer people holding the land, working the land, |
|
living in our rural communities, shopping on Main Street, going |
|
to our schools. It puts enormous pressure on our rural |
|
communities to be sustained. And, of course, it undermines what |
|
we do in agriculture, which is incredible, providing food and |
|
quality food at affordable prices for the American people and |
|
many around the world. |
|
So I am hopeful that we can gain support for this piece of |
|
legislation, and if the program is extended in any way, make |
|
sure that that is included because it would help over 100,000, |
|
I believe, farmers and ranchers across the country. And so I |
|
would ask for your support on that. |
|
Lastly, I think, it seems to me, based on what I have seen |
|
in the State of Minnesota, best thing we can do to help |
|
everybody across the board is to get rid of these lockdowns. |
|
Our State of Minnesota has been locked down as much as almost |
|
any other State. It has really hurt businesses, farmers. It has |
|
hurt people across the board, and we are seeing a real labor |
|
shortage out there. And, unfortunately, with the schools closed |
|
for the most part for a long, long period of time and not fully |
|
reopened, you know, parents aren't able to get back into the |
|
workforce full time. And we are seeing an enormous pressure put |
|
on for childcare services. |
|
So I would encourage, you know, if he is watching, our |
|
governor, to open back up, get the kids back in schools, |
|
because it is also having a bad impact, not just on businesses |
|
and so forth, but addiction issues, suicide, people having |
|
problems with depression, folks like me. I am a stage IV cancer |
|
survivor. And, unfortunately, there are people that didn't go |
|
to the doctor and get their screenings, who are probably going |
|
to have worse problems than they otherwise would if they had |
|
had that in time. And then you see students in record numbers |
|
in Minnesota falling behind, dropping out. |
|
These are the types of unintended consequences of lockdowns |
|
that really should be examined. I think we need to make strong |
|
changes in that area. |
|
So if there is anyone that would like to comment on the-- |
|
well, I only have 35 seconds. I apologize. |
|
But, with that, Madam Chair, I will yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
The gentleman from Maryland, Mr. Mfume, Vice Chair of the |
|
Committee and Chairman of the Subcommittee on Contracting and |
|
Infrastructure, is recognized for 5 minutes. |
|
Mr. MFUME. Madam Chair, thank you. My thanks to both you |
|
and the Ranking Member for pulling us together for this hearing |
|
and for the leadership that you have demonstrated on this issue |
|
going back over and over again. |
|
A couple of quick things. First of all, I appreciate the |
|
previous gentleman's remarks, particularly about the human |
|
aspect of what is going on, in addition to the very real needs |
|
of businesses out here in the country. |
|
For the record, Madam Chair, I was glad that you put in |
|
your memorandum to us a reminder that we have appropriated $800 |
|
billion in total for PPP. So Congress gets a big ``E'' for |
|
effort but a much smaller one for effectiveness and efficiency, |
|
which is why this meeting is so very important, trying to drive |
|
us to where we ought to be with good testimony. |
|
I have a question for Ms. Frazier and then one for Ms. |
|
Kennedy. |
|
Ms. Frazier, you talked about extending the deadline beyond |
|
March 31, which I am in support of. And then you said we should |
|
refer to your written testimony for some of the ideas and |
|
thoughts that you had along those lines. So I went to your |
|
written testimony and was wondering if you could expand, Ms. |
|
Frazier, on a couple of things: first-draw increase |
|
eligibility, second-draw eligibility, second draw use of |
|
proceeds, and the requirement that goes with that, as well as |
|
the Schedule C borrowers and Schedule C filers, the |
|
implications of that coming out of the SBA change. |
|
Ms. FRAZIER. Thank you. I will try to remember all the |
|
great questions that you have. |
|
So I will begin with first-draw borrowers. Right now, if |
|
someone were to apply for a first draw, they would not be |
|
eligible for a second draw, nor would they be eligible to spend |
|
the money in the 8-week period of time before the March 31 |
|
date. So maybe they didn't have an opportunity to do a first |
|
draw for, you know, whether the bank didn't support them or |
|
they didn't get the application in, wasn't aware. We really |
|
firmly believe that they should have an opportunity for that |
|
second draw to support their business. So expanding that time |
|
and giving them the time to spend the money as the rules |
|
predict. |
|
But also, being able to go for an increase. Sometimes--for |
|
instance, in my testimony, I remarked about a Schedule C |
|
borrower who is a video production firm and sole proprietor who |
|
outsources the help when he needs it. When he applied for his |
|
first draw, he only was able to access $4,000. He needed much |
|
more money, and the round one could do that because his |
|
business was shut down. So we supported it with an SBA loan, |
|
express loan of $16,000. |
|
If the rules that are now in place for Schedule C had been |
|
in place at the beginning for him, he would have been eligible |
|
for that full $20,800. And it would now also be forgiven as |
|
well. So he is left today with a $16,000 SBA loan that we have |
|
turned out over a period of time. |
|
He did come back for a second draw, again, early in the |
|
process, because his business was still impacted, but the rules |
|
charged. And so our suggestion is, is that businesses like that |
|
are able to come back and reapply using that new calculation. |
|
It is very important. |
|
Mr. MFUME. And, Ms. Frazier, I am going to have to reclaim |
|
my time because it is dwindling. I would appreciate, though, if |
|
you could get back to me with expanded thoughts on those areas |
|
that you listed in your testimony that I just referenced. |
|
And, Ms. Kennedy, if you could just take a moment to talk |
|
about section 1112 of the CARES Act which provided 6 months of |
|
debt relief for existing 7(a) and 504 and microloan borrowers. |
|
The 6-month period was extended under the Economic Aid Act, |
|
which was passed in December. |
|
Could you expand on the importance of section 1112 in terms |
|
of current SBA borrowers, especially those with unforgiven |
|
loans? |
|
Ms. KENNEDY. Thank you so much, Congressman. The section |
|
1112 payments were really a lifeline for these small business |
|
borrowers. With the new economic relief aid act, the predicted |
|
amount of funds were underfunded. We discovered that they were |
|
underfunded, and some of those small businesses are not going |
|
to get the SBA debt relief payments that they need most. These |
|
are community advantage and microloan borrowers as well as SBA |
|
504 and 7(a) borrowers. And the predicted amount that was |
|
supposed to be 6 months or 3 months has shrunk down to 3 months |
|
or 2 months of debt relief payment. |
|
And so we are asking Congress--we know your intention--to |
|
consider how we can close that gap and make sure those small |
|
business borrowers who plan, thinking about inventory, and |
|
adding additional employees, and supporting their operations |
|
because of the debt relief payments, to be able to get those |
|
resources so that they can continue to support their |
|
communities. |
|
Mr. MFUME. Thank you very much. |
|
My time has expired. Thank you, Madam Chair. |
|
Chairwoman VELAZQUEZ. The gentleman from Minnesota, Mr. |
|
Stauber, is recognized for 5 minutes. |
|
Mr. STAUBER. Thank you. Thank you, Madam Chair. And I |
|
appreciate the witnesses' testimony. Greatly appreciate it. |
|
I just have a few quick questions for Ms. Frazier. Can you |
|
elaborate on what the unresolved errors look like in the SBA |
|
application as you mentioned in your testimony? |
|
Ms. FRAZIER. The item that I am referring to is actually a |
|
fraud situation. This is a first-time draw applicant for their |
|
business. When the application was submitted to the SBA, it was |
|
determined that the business employer identification number had |
|
previously been used in the first round as a--for an EIDL loan |
|
and a first-round draw. And so we have been trying to work |
|
diligently through this process to find a way to get that |
|
released off of her so that she could have her first-draw loan. |
|
Mr. STAUBER. And next question, Ms. Frazier. What changes |
|
need to be made to ensure that PPP isn't just a bridge to |
|
nowhere and that business owners are able to take full |
|
advantage of what the program has to offer? |
|
Ms. FRAZIER. I think beyond the PPP, what was heard earlier |
|
in other oral testimonies, I think continued support from the |
|
SBDC, through the SBA, and also the SBIR programs to help those |
|
businesses with their business plans, to help them look forward |
|
and find a way, whether they need to change their business |
|
model, adapt their business model, or just understand what I |
|
would refer to as working on the business rather than in the |
|
business. So I think funding those programs across the minority |
|
groups, across all groups would be very helpful. |
|
Mr. STAUBER. And then, in your opinion, are the traditional |
|
SBA lending programs prepared to pick up where the PPP leaves |
|
off? |
|
Ms. FRAZIER. I believe so. And I also believe that, through |
|
this process, many banks have become much more comfortable with |
|
the SBA programs and will continue to make use of them going |
|
forward, yes. |
|
Mr. STAUBER. The last comment I would like to make is, as |
|
you supported the PPP program in the lending institutions, some |
|
of the redundancy for expediency was, you know, left off the, |
|
you know, the normal way in which you provide a loan. Would you |
|
agree or not that some of the items of redundancy as we get |
|
through COVID, we can erase some of the redundancy that you |
|
were asked to do by the Federal Government as a lending |
|
institution? And if so, name just a few of those. |
|
Ms. FRAZIER. May I ask for a clarification on redundancy? |
|
Mr. STAUBER. So the PPP loans were given out in an |
|
expedited manner, and some of the redundant--and I would say |
|
some of the normal things you would do like, for instance, the |
|
known customers in your respective banks, you--many people--or |
|
many banks, rather, expedited the loans and not required to do |
|
all the, quote, normal, end quote, you know, checks and |
|
paperwork. |
|
Are you prepared in any way to state that the way you did |
|
the prior loans should be the same way going forward? And what |
|
I am getting at is reducing redundancy, which is a third of |
|
your time preparing for that examiner to come into your |
|
business. |
|
Ms. FRAZIER. I appreciate that. Thank you. I can speak for |
|
my bank and a few others, more than a few others, that I have |
|
talked to directly. But while the requirements of the PPP |
|
program did not necessarily require us to submit what we |
|
normally would for a full loan package, we did do a good bit of |
|
the work behind it just to ensure. And the goal behind that was |
|
just to ensure that the borrowers received 100 percent |
|
forgiveness. And that is what is most important at the end of |
|
the day, that they didn't have a tail of a loan hanging around |
|
for them. |
|
So going forward, I am not sure that I can answer off the |
|
top of my head. I would like to give that question a little bit |
|
more thought and get back to you, if that is okay. |
|
Mr. STAUBER. That would be just fine. Thank you for your |
|
testimony. |
|
Madam Chair, I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
The gentleman from Minnesota, Mr. Phillips, the Chairman of |
|
the Subcommittee on Oversight, Investigations, and Regulations, |
|
is recognized for 5 minutes. |
|
Mr. PHILLIPS. Thank you, Madam Chair, and to our witnesses |
|
today. |
|
I am going to follow up on my friend and colleague, Mr. |
|
Mfume's, questioning about the 1112 program. |
|
To Ms. Kennedy, you called the relief provided under |
|
section 1112 under the CARES Act, quote, a lifeline to your |
|
borrowers. That is absolutely true certainly for the small |
|
business owners in my district and I presume in all of our |
|
districts. That is why I am concerned about the gap in funding |
|
to fulfill the December promise, the so-called December promise |
|
that was made to businesses in the Economic Aid Act of last |
|
year. |
|
In fact, a smoothie bar in my district called DrinkFit was |
|
approved for a 7(a) loan exactly 1 month after eligibility for |
|
the first round of debt relief, after that ended, despite |
|
starting the process a full year earlier. Then the second round |
|
of additional months of relief under the Economic Aid Act added |
|
eligibility on both sides of his approval date, leaving his |
|
business in a literally no-man's land due to how that bill was |
|
written. |
|
So, Ms. Kennedy, can you speak to the challenges that the |
|
businesses that you serve have had with the section 1112 |
|
program running out and what steps you would like to see we in |
|
Congress take to make good on the promise that we made to the |
|
employers? |
|
Ms. KENNEDY. Thank you so much, Congressman. And I think |
|
your last statement of make good on the promises. We as your |
|
nonprofit community partners, we reached out to those |
|
businesses and we let them know what was in the Economic Relief |
|
Aid Act, and to go back to them and let them know, I am sorry, |
|
there is not enough funds, that was really tough. And one of |
|
our small businesses who is a catering company who has |
|
absolutely been slammed because he cannot open his business, he |
|
cannot run his business, he called and emphasized, If there is |
|
anything that can be done to make sure that we can get those |
|
payments, we would really, really appreciate it. We are trying |
|
to pivot. We are trying to get our business back open, and we |
|
need this assistance, and we thought we had it. So we were |
|
planning, based on having those funds available or that debt |
|
relief available, and now we need to figure out how we are |
|
going to make this payment. |
|
The need is great for those businesses, especially in |
|
hardest hit industries. And we hope that Congress can figure |
|
out how we can keep the promise that Congress made and intended |
|
for these businesses through the section 1112 payments. |
|
Mr. PHILLIPS. Thank you. You consider your message |
|
delivered. We have open ears, and I wholeheartedly agree. |
|
Ms. Simpson and Ms. Frazier, in your comments, you mention |
|
the changes made by the Biden Administration to the loan amount |
|
calculation for business owners relying on PPP including sole |
|
proprietors, independent contractors, and the self-employed. |
|
And as you mentioned, I am hearing from constituents myself who |
|
say that the formula change has to be applied retroactively or |
|
hundreds of thousands of business owners will be unable to |
|
access the potential of an increased loan. |
|
So a few questions. To what extent is money being left on |
|
the table? How much more support would companies be able to tap |
|
into if this issue were to be addressed? And is your |
|
recommendation that Congress take steps to correct the issue, |
|
or can that be done at the administrative level? |
|
Perhaps, Ms. Simpson, you might begin. |
|
Ms. SIMPSON. Thank you. We don't know exactly how much |
|
money will be left on the table. But we do know, based on some |
|
conversations we have had with CPAs, who have looked at their |
|
client base of Schedule C filers, that the loan amount could be |
|
as much as 50 percent more or doubled. So many small business |
|
owners operate on a shoestring, and their net income, the |
|
bottom line of their tax filing could show a loss or barely any |
|
income at all. But if they are able to use this gross receipts |
|
calculation that is now available to new Schedule C borrowers, |
|
they would be able to access a substantial amount more, again, |
|
up to the cap that the SBA has approved. |
|
Mr. PHILLIPS. And just relative to the question about |
|
Congress or at the administrative level to address it, do you |
|
have thoughts on that subject? |
|
Ms. SIMPSON. I am no constitutional expert, but it is my |
|
understanding that SBA believes that that would require |
|
congressional action. |
|
Mr. PHILLIPS. And Ms. Frazier? |
|
Ms. FRAZIER. Thank you. What I would like to do is look |
|
back through our applications and give you a more firm number |
|
and get back to you. But I do know that we have seen an |
|
increase in the number of applications over the past week since |
|
that calculation changed. And I echo what Ms. Simpson said that |
|
I believe it could be as much as 50 percent, 60 percent |
|
increase in loans for a good number of those businesses |
|
overall. |
|
So, again, I think that to have that--the feedback that we |
|
have received thus far is that maybe the systems are not |
|
adequately prepared to accommodate that increase and so maybe |
|
there needs to be consideration to, I don't want to call it a |
|
third draw, but a draw increase type format. |
|
Mr. PHILLIPS. All right. Thanks, Ms. Frazier. |
|
And I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
Now we recognize the gentleman from Pennsylvania, Mr. |
|
Meuser, for 5 minutes. |
|
Mr. MEUSER. Thank you, Madam Chairwoman. Thank you very |
|
much to all of our witnesses. |
|
In the second round of PPP, one of the requirements was a |
|
25 percent reduction in revenue in a quarter, a quarter of 2019 |
|
versus a quarter in 2020. I offered an amendment which would |
|
allow to compare any 90-day period in 2019 versus 2020, as |
|
opposed to a set calendar quarter. |
|
Ms. Frazier, from a community banker's standpoint, would |
|
this have been helpful to banks and in the interest of small |
|
businesses if we could pass such a provision? |
|
Ms. FRAZIER. Thank you. I think any time period that a |
|
borrower could review and look at their business, it could be |
|
helpful certainly for allowing more people access rather than |
|
just the traditional calendar quarter. |
|
Mr. MEUSER. But as far as you know, that wasn't a |
|
significant problem for many? |
|
Ms. FRAZIER. It would be difficult for me to answer that |
|
fully, but we did not hear any commentary that it was a |
|
problem. |
|
Mr. MEUSER. Okay. From a community bank standpoint, once |
|
again, do you feel our community banks can handle the pipeline |
|
of loan requests that exist? My understanding is it is as high |
|
as 50,000 nationwide that need to be facilitated between now |
|
and March 31. Do community banks feel that is a problem? |
|
Ms. FRAZIER. To my knowledge of all that I have talked to, |
|
we do not feel that this is a problem. We really take pride in |
|
serving the communities in this way. |
|
Mr. MEUSER. Okay, great. Were there they sectors that you |
|
believe, industry sectors such as restaurants, for instance, |
|
that were underserved or PPP was not well-enough designed to |
|
serve effectively? |
|
Ms. FRAZIER. I cannot speak to that directly. I am not |
|
aware of any that were not addressed or were not eligible. I do |
|
believe--I will go back to the changes to the Schedule C where |
|
moving to that gross receipts method, there were many |
|
businesses that were operating at a net loss that were |
|
ineligible in matters particularly about an industry but at |
|
that net loss, and that changed the picture for those folks. |
|
Mr. MEUSER. I thank you. And, Ms. Frazier, again, do |
|
community banks have any concerns or many concerns with the |
|
forgiveness procedures that are currently outlined for the |
|
loans? |
|
Ms. FRAZIER. No. It seems to be working smoothly for us, |
|
and the process continues to improve. And with the most recent |
|
application, simplified application for loans, $150,000 or |
|
less, it is working smoothly. |
|
Mr. MEUSER. That is great. |
|
Will a loan that is outstanding that has not yet been |
|
forgiven be used by the bank, for lack of a better way of |
|
putting it, against the business' line of credit? |
|
Ms. FRAZIER. No. I will speak only for my bank, is that the |
|
process we used in helping the buyer access the PPP loans we |
|
felt assured that they would have forgiveness. And so we |
|
continued to, even though borrowers that have PPP loans, offer |
|
them additional loans and support their business needs. |
|
Mr. MEUSER. Okay. Well, those are very positive answers. |
|
That is good to hear. |
|
Are there any aspects of the PPP program that you feel are |
|
too burdensome to lenders or to your customers that you feel we |
|
should work on? |
|
Ms. FRAZIER. I would go back to the errors and being able |
|
to provide resources such that the process, if there is an |
|
error identified or something is holding up the system, that we |
|
have access to folks that can help us resolve it, because you |
|
have the benefit of actually approving the loans or approving |
|
the dollars. We have the very wonderful benefit of being able |
|
to say the loan is approved and then forgiven. And so that is |
|
our ultimate goal is to get to those answers for the borrowers |
|
as quick as possible. |
|
Mr. MEUSER. Last question. Do you think some of those |
|
resources need to be dedicated to the SBA? |
|
Ms. FRAZIER. It will help with the errors, yes. |
|
Mr. MEUSER. Thank you. I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
The gentlelady from Illinois, Ms. Newman, is recognized for |
|
5 minutes. |
|
Ms. NEWMAN. Well, good morning, everyone. And thank you, |
|
Madam Chair and Ranking Member. I appreciate the time this |
|
morning. And thank to you all our guests today. Very |
|
informative and very helpful. |
|
So this morning, I am directing my questions to Ms. Kennedy |
|
and Ms. Simpson. The former gentleman was talking about loan |
|
forgiveness, and I was going to tag off that. |
|
So in my district, loan forgiveness has been a significant |
|
problem. We have about 80 percent of our businesses in Illinois |
|
Three are micro businesses, so under 20 employees and very |
|
small revenue. So with that, they are busy running their |
|
business, and getting their loans forgiven has been quite an |
|
ordeal. |
|
So I would love to ask Ms. Kennedy and Ms. Simpson, from |
|
both of their perspectives, what can be done either by the SBA |
|
or by Congress to make that easier for these loans to be |
|
forgiven? |
|
And I will start with Ms. Kennedy. |
|
Ms. KENNEDY. Thank you so much. You know, we are CFI, a |
|
community financial institution, as a CDC and micro lender and |
|
CDFI. And the forgiveness process we have found to be fairly |
|
straightforward, as Ms. Frazier said, especially for loans |
|
under $150,000. She also mentioned people--the small businesses |
|
are working in their business versus on their business. So |
|
sometimes that takes a little time to get the documentation, |
|
but the fact that the applications have been streamlined has |
|
really made a critical difference in helping the small |
|
businesses get that forgiveness. So we have had fairly good |
|
experience with that and responsiveness from SBA when there has |
|
been questions. |
|
Ms. NEWMAN. Thank you. |
|
And, Ms. Simpson, as a CPA, what guidance can you give |
|
businesses to get the--because it is an onerous document. I |
|
read through the 20-page document. It is fairly onerous for |
|
people to get through. And luckily, we have a lot of kind CPAs |
|
and now we have the community navigation program that will be |
|
helpful in that regard. But what do you recommend to those |
|
folks who are struggling through that without spending more |
|
money? |
|
Ms. SIMPSON. Thank you for the question. We have actually |
|
worked with a technology provider to create an online platform |
|
that helps small business borrowers work through the |
|
forgiveness process using an online platform. So it avoids-- |
|
again, I love Excel. I think it is awesome. Not everyone agrees |
|
with me. |
|
So this tool allows small business owners to use a more |
|
friendly environment to let them input information around their |
|
payroll costs, their rent, their utilities, and the new |
|
expanded costs that are now eligible. |
|
It is really important for small business owners to know |
|
that there are safe harbors within the forgiveness process. If |
|
they were shut down, which so many of them were, they can avoid |
|
some of the implications of a potential head count reduction. |
|
So understanding that there are opportunities to streamline |
|
this forgiveness process and that there are online tools to |
|
help I think would be a good place to start, and I have got a |
|
lot of resources that I can connect you with to get that |
|
information out there. |
|
Ms. NEWMAN. That would be much appreciated. It is a |
|
significant problem in my district, so I would really |
|
appreciate that. Thank you. |
|
And let me just end by thanking the Committee for all their |
|
great work on the SB program overall. It has helped my district |
|
immensely, and I really appreciate it. I also would add that I |
|
very much appreciate the fairness of the program, that it |
|
addressed many industries. And I think that many industries is |
|
important and that we emphasize those that were hurt the |
|
hardest, such as stages and venues and restaurants. So I am |
|
very happy with the broad breadth of the program. So thank you |
|
all. |
|
I yield back. |
|
Chairwoman VELAZQUEZ. The gentlelady yields back. |
|
The gentlelady from New York, Ms. Tenney, is recognized for |
|
5 minutes. |
|
Ms. TENNEY. Thank you, Madam Chair. |
|
And good morning to everyone. It is such an honor to work |
|
with you again on this Committee. |
|
I want to thank the witnesses for their insight. This has |
|
been really, really a productive and helpful meeting. |
|
It has been a long, hard year, and our Nation is finally |
|
turning the corner to fight this COVID-19 crisis. Small |
|
businesses are the heart of the economy in New York's 22nd |
|
District and have been hit extraordinarily hard during the |
|
pandemic. In fact, 94 percent of the workers in the 22nd |
|
District are employed by a small business, so they are really |
|
one of the bright spots in our community, and the Paycheck |
|
Protection Program has been a phenomenal lifesaver for us. It |
|
has allowed many businesses in my district to continue to pay |
|
their employees and to survive the shutdowns that we have |
|
experienced in New York, especially upstate. |
|
In New York, just for some information, PPP has provided |
|
140,000 loans, totaling $12 billion, and has saved literally |
|
hundreds of thousands of jobs. This has been an effective |
|
COVID-19 relief program. And we are, as we know, to begin to |
|
hopefully head into prepandemic life and to a better way |
|
forward, opening our economy is obviously critical to this. But |
|
there are many businesses that still need to benefit from PPP. |
|
And just some good things that have happened: 397 jobs were |
|
added to the economy in February, well beyond the 166,000 |
|
expected. The unemployment rate dropped to 6.2 percent, which |
|
is a huge decrease from the peak that was 15 percent that we |
|
experienced early in the pandemic. The nonpartisan |
|
Congressional Budget Office has estimated that unemployment |
|
will continue to fall as vaccines are more widely distributed. |
|
I am also concerned about where we are going to go, not |
|
just with PPP, but to make sure that our small businesses |
|
continue to benefit from the Tax Cuts and Jobs Act as they move |
|
forward into prepandemic life. I have heard from numerous |
|
businesses that are concerned about that, as well as |
|
maintaining and trying to deal with their new taxes, should |
|
that happen during this crisis. |
|
The Paycheck Protection Program will expire, as everyone |
|
has talked about here today, on March 31. And the program has |
|
nearly $128 billion of funding still available. While I do not |
|
support all of the provisions of the American Rescue Plan, I |
|
continue to believe that parts of that bill have merit, |
|
particularly provisions that would continue to extend relief to |
|
small businesses and individuals most in need. And i recognize |
|
that, obviously, while we are entering into recovery, there are |
|
many businesses who have done better than others and some who |
|
have not. Some have done well. Some have, unfortunately, been |
|
forced to close. But I am also a small business owner and I |
|
understand the difficulties we face, and I am committed to |
|
doing everything we can to make sure that everyone can return |
|
to normal life and all businesses can thrive. |
|
So one of my big questions is: As we head into this complex |
|
tax situation--and, hopefully, the Tax Cuts and Jobs Act will |
|
remain in place, because it has been cited as the single |
|
biggest benefit to my small business community in the last 30 |
|
years--I wanted to ask and turn my attention to Ms. Simpson and |
|
just to get her expertise as a CPA. Obviously, many businesses |
|
are struggling with the complexity and confusion around PPP |
|
that you have discussed. But how is it going to specifically |
|
impact their taxes? Is there a way that maybe we can put the |
|
online program you suggested for forgiveness? Can we place |
|
that? Also, can we do something with dealing with the paperwork |
|
for taxes as they are coming due right now? |
|
Ms. SIMPSON. As a colleague said, the Tax Code may never be |
|
less complex or may never be easy, but we can certainly strive |
|
to make it less complex. And I believe that you find many |
|
people who are willing to go along with that statement. |
|
We are working with the IRS to get guidance on how the PPP |
|
programs will impact the tax returns of many borrowers. We |
|
thought the problem was solved when Congress allowed PPP |
|
expense deductibility. However, there are complicating factors, |
|
such as States that may not conform to that or they may conform |
|
in different income caps. So lots of moving parts and pieces to |
|
navigate across the entire country and how systems are |
|
operating there. |
|
We would be interested in talking about a resource that we |
|
have provided that helps CPAs and small business owners |
|
navigate the differences between Federal tax treatment and |
|
State tax treatment. That is a document that we do have |
|
available. |
|
Ms. TENNEY. Thank you. My time is expired. But would that |
|
be something that would be on an online portal? |
|
Ms. SIMPSON. I can go back and talk to the team about that. |
|
Ms. TENNEY. Great. Thank you so much. |
|
Thank you, Madam Chair. I yield back. |
|
Chairwoman VELAZQUEZ. The gentlelady from California, Ms. |
|
Chu, is recognized for 5 minutes. |
|
Ms. CHU. Thank you so much, Madam Chair. |
|
First of all, thank you to Hilda Kennedy for being here. |
|
Hilda Kennedy is my constituent, and she was one of the first |
|
persons to contact my office about the need for a Paycheck |
|
Protection Program set-aside for SBA micro lenders, certified |
|
development corporations, and CDFIs. |
|
And so thank you, Ms. Kennedy, for being here to provide |
|
the perspective of a small community financial institution and |
|
especially for the work you have done in my district to connect |
|
underserved businesses to COVID relief. It was thanks to the |
|
direct advocacy of constituents like you that made it so clear |
|
to me that PPP needed a dedicated set-aside for underserved |
|
businesses. And with the Chairwoman's support, we succeeded in |
|
creating those set-asides for small banks and community |
|
financial institutions like your business, AmPac. Those CFIs |
|
have processed over 110,000 loans directly, but also provide |
|
crucial guidance and resources to small businesses. |
|
Can you talk about the kind of services that CDCs have |
|
provided to small businesses and how they differ from what |
|
larger commercial banks can offer? |
|
Ms. KENNEDY. Thank you so much, Congresswoman, and great to |
|
see you. |
|
The difference between a CDC and a bank is we are mission- |
|
based lenders. So our bottom line is the small businesses that |
|
we serve, and we are not beholden to shareholders. We also |
|
provide a lot of hand-holding for small businesses. So from |
|
technical assistance support to webinars and training, to just |
|
being available when the business plops in your office and just |
|
needs to be reassured and needs to know how do I complete this |
|
form, that is the role that we play. |
|
And we have been working with a number of communities to |
|
manage emergency relief programs, COVID-19, from counties to |
|
State to other local governments. So we are in the community |
|
and part of the mission of serving small businesses. |
|
Ms. CHU. Well, thank you for that. And also, thank you for |
|
mentioning the importance of a Community Advantage loan program |
|
in delivering capital to underserved businesses over the long |
|
term. |
|
My legislation to give statutory authorization to this |
|
program would increase the targeting of underserved markets and |
|
explicitly include business owners of color in the program. And |
|
it passed the House last December. It is a top priority of mine |
|
to pass the bill into law this Congress. |
|
And what is important is the success of the PPP set-aside |
|
for CFIs show that the Community Advantage model works at scale |
|
and is particularly powerful for reaching underserved and |
|
underbanked communities. Can you describe your interest in |
|
rejoining the program and talk about the way that these |
|
Community Advantage loans would benefit the small business |
|
communities that you serve? |
|
Ms. KENNEDY. Thank you. I cannot overstate that because |
|
those small businesses, especially economically disadvantaged |
|
businesses, critically need this program. And as PPP stabilizes |
|
these businesses, they are going to be ready to grow. |
|
Underserved communities were hardest hit as a result of the |
|
pandemic, and Community Advantage targets those communities. So |
|
we really need to make the program permanent and need to open |
|
up for new CA lenders. And we would absolutely want to be part |
|
of that conversation. We have businesses who need the help, and |
|
they call us for the help. |
|
And as a Community Advantage lender, we will be able to |
|
help this veteran who just called our office the other day. Got |
|
some new government contracts but needs help from a program |
|
many that Community Advantage could serve. |
|
So thank you. We would love to support you in doing that. |
|
Ms. CHU. Great. And you have also talked about the unique |
|
challenges facing sole proprietors and PPP. They are more |
|
likely to be women and people of color who lack access to |
|
traditional banks. Can you say what issues they have and why |
|
they need programs like yours? |
|
Ms. KENNEDY. Well, those businesses by and large need more |
|
hand-holding. They don't have access to great CPAs or |
|
bookkeepers. They are putting their information on a |
|
spreadsheet or maybe they have QuickBooks, but they need hand- |
|
holding. And it is community-based lenders, mission-based |
|
lenders who do that kind of hand-holding to make sure they can |
|
get the resources that they need and then to be able to have |
|
the resources to provide them. |
|
So 80 percent of America's businesses are nonemployer |
|
businesses. Those are the small Schedule C filers. They need |
|
additional hand-holding. And mission-based lenders or community |
|
banks really provide that kind of support that they will not |
|
get at larger, nontraditional banks. |
|
Chairwoman VELAZQUEZ. The gentlelady's time has expired. |
|
The gentlelady from California, Mrs. Kim, is recognized for |
|
5 minutes. |
|
Ms. YOUNG KIM. Thank you, Chairwoman. |
|
And I would also like to thank our Ranking Member |
|
Luetkemeyer for holding this very, very important hearing |
|
today. |
|
With the Biden administration announcing five changes to |
|
PPP on February 22 of this year, the looming March 31 deadline |
|
does not give our small businesses the time to adjust to the |
|
new guidelines issued by the SBA. I am also concerned that the |
|
SBA is not forthcoming and transparent when it goes beyond the |
|
statutory 90-day period to review the loan. The SBA should be |
|
communicating with borrowers and lenders about the status of |
|
the loan if it goes beyond the 90-day period. |
|
And I would like to engage Ms. Frazier in the next round of |
|
questioning here. To date, the SBA has cleared approximately 36 |
|
percent of all PPP loans through the forgiveness process. |
|
However, certain loans that are not processed right away have |
|
tended to let beyond the 90-day review window imposed by the |
|
SBA. So has your institution dealt with any of these loan |
|
reviewers taking longer than 90 days? And what steps can SBA |
|
take to make the loan forgiveness process more efficient? |
|
Ms. FRAZIER. Thank you for your question. We do have loans |
|
that have been in the forgiveness portal for longer than 90 |
|
days. They tend to be the larger loans. They are taking longer. |
|
And you identified correctly, there is a lack of communication |
|
to the bank and to the borrower, which is causing a bit of |
|
stress on the borrower's side because they are concerned about, |
|
you know, what if it is not forgiven, what happens then. So we |
|
completely agree with what your statements are. |
|
I do think communication, where they are in the process, |
|
what is happening, what they need, would be really helpful |
|
overall in at least calming the fears of the borrowers and |
|
allowing us to keep things moving forward and gathering the |
|
information that they need. That would be the number one |
|
request of what would need to be done. |
|
Ms. YOUNG KIM. Well, following up, we have heard from |
|
numerous sources and constituents about the delays in |
|
processing loans due to SBA hold codes. Can you comment on your |
|
experience with these hold codes and what the typical length of |
|
delay looks like when addressing the code? |
|
Ms. FRAZIER. The length of delay could be 2 days. It could |
|
be 2 weeks. It could be, as the example I shared earlier, since |
|
January 29. It really depends on our ability to access |
|
information and what that hold code might be. |
|
If it is something that we can resolve without the SBA, |
|
maybe there is a piece of documentation missing or there is a |
|
number that isn't quite right, we can get that done fairly |
|
quickly inside just a day or two or few days. If it is |
|
something that we need to rely on the SBA or really need to get |
|
information from them to clarify what they are looking for, it |
|
will take considerably longer over time. |
|
Ms. YOUNG KIM. Well, do you believe extending the March 31 |
|
deadline could help alleviate the delays with the hold code? |
|
Ms. FRAZIER. It could. It at least would be able to resolve |
|
them and allow people to access the money that they have |
|
applied for and be able to take care of those needs. |
|
Ms. YOUNG KIM. Well, thank you. |
|
With that, I will yield my time back. |
|
Chairwoman VELAZQUEZ. The gentlelady yields back. |
|
Now we recognize the gentleman from Illinois, Mr. |
|
Schneider--welcome back to the committee--for 5 minutes. |
|
Mr. SCHNEIDER. Thank you, Madam Chair. It is wonderful to |
|
be back. I am excited to be working with you and my colleagues |
|
on this important Committee. Thank you also for holding this |
|
important hearing. I want to thank the staff for helping us |
|
work through the challenges in these difficult times and |
|
obviously thank our witnesses for sharing with us your |
|
experiences and perspective as we try to understand this issue. |
|
Very soon we will vote in the House on the Senate amendment |
|
to the American Rescue Plan and send it to the President for |
|
his signature. I am very grateful that this legislation |
|
includes another $7.25 billion for the Paycheck Protection |
|
Program and expands the businesses eligible for critical |
|
funding. |
|
Our goal with PPP has always been helping our businesses, |
|
in particular our small businesses, get to the other side of |
|
this pandemic. The American Rescue Plan will help assure that |
|
when we get to the other side of the crisis, our small |
|
businesses will benefit from a growing economy and hopefully be |
|
able to chart a path for recovery and renewal. Obviously, that |
|
seems to be putting us on that path, on beating back this |
|
environment, but it is not certain when we will finally get to |
|
full recovery mode. And that is why providing the support for |
|
small businesses is so important. |
|
For many businesses in our district, PPP funds have |
|
literally made the difference between being able to hang on and |
|
weather the struggles of the past year or having to close their |
|
doors oftentimes for good. |
|
I appreciate everyone's testimonies. I have heard and |
|
shared with colleagues many of the same concerns that we |
|
brought up here. I will come to the error codes, but I want to |
|
talk first and maybe--Ms. Kennedy, you mentioned this. Others |
|
said it in their testimony as well. As we look to the future, |
|
people are trying to figure out how will they get through this |
|
and then think about what is next after, because it is not easy |
|
to go to the next place. You touched on the need for financial |
|
education, technology education. What things, whether it is |
|
your own group, CDC, that is doing this or the SBA, more |
|
broadly, what type of education and training do you think is |
|
most important to help businesses get to the recovery and chart |
|
their future beyond that? |
|
Ms. KENNEDY. Thank you, Congressman. I think one of the |
|
things that we have said in this process is the wheat and the |
|
tares have been separated. And we learned throughout this |
|
process that business financial literacy, business acumen |
|
literacy is so very critical. A lot of the small businesses |
|
that we worked with really did not understand their financial |
|
statements, didn't understand cash flow, didn't have reserves. |
|
So the opportunity to pivot, the opportunity to adjust, they |
|
couldn't do it because they didn't have that training. |
|
So the SBA has incredible programs through the SBDC and |
|
SCORE, as you have heard, and through partners like the CFIs, |
|
CDCs, SBA micro lenders to provide that kind of technical |
|
assistance to help people understand their technology and |
|
understand their business financials. That literacy is really |
|
critical. |
|
Mr. SCHNEIDER. Great. Thank you. I think it is important. |
|
We have been having webinars, the support for these companies, |
|
entrepreneurs. Sole practitioners were just trying to provide |
|
for their families. I think it is crucial. |
|
I could talk to everyone about this, but I want to get to |
|
these error codes as well. Time is of the essence. These |
|
businesses are literally holding on by the day. It is important |
|
and applications have been checked for errors and |
|
inconsistencies that could show fraud. But, oftentimes, as has |
|
been earlier noted, that there are sometimes flags that go up |
|
that are not fraud but maybe a clerical error or something like |
|
that. |
|
Ms. Simpson, I will turn to you. You talked about how many |
|
applications have been flagged incorrectly, and a business |
|
losing a week or even 2 weeks could be the difference between |
|
getting through this pandemic or not. Any thoughts you have on |
|
how we can accelerate the process, not of making it easier for |
|
people who abuse the system, but making it easier for people |
|
who are incorrectly flagged to get through the system and get |
|
the support and assistance they need? |
|
Ms. SIMPSON. Thank you so much for the question. I think |
|
transparency into what is causing a hold code and what |
|
resolution steps concretely are needed to move beyond a hold |
|
code is where so much time could be gained. Having a manual |
|
that says, if you have got this error code, these are the exact |
|
steps that either the borrower needs to take or the lender |
|
needs to take, these are the absolute sources of information |
|
that, if you supply, the hold code can be released and moved on |
|
into a loan application process. |
|
Mr. SCHNEIDER. Thank you. I am out of time. I could ask |
|
everybody, but I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
The gentlelady from Texas, Ms. Van Duyne, is recognized for |
|
5 minutes. |
|
Ms. VAN DUYNE. Thank you, Madam Chair and to the Ranking |
|
Member, for holding this hearing today. |
|
When I talk to small business owners in Texas, they tell me |
|
two things: PPP was crucial for surviving the most challenging |
|
days in the pandemic, and that they aren't looking for any more |
|
handouts. They don't want to just hang on anymore. They want a |
|
chance to earn a living. They want to be able to open their |
|
doors and they want to be able to get their customer base back. |
|
It has been an entire year that we have held businesses back in |
|
the name of public health. |
|
The bottom line is the best relief we can give these |
|
businesses is to remove government-mandated constraints and |
|
allow them to get back to work. |
|
The Paycheck Protection Program was designed to be |
|
temporary and targeted and, unfortunately, as demand for the |
|
PPP has gone down, my colleagues across the aisle are still |
|
eager to add more money to the program, even as over $100 |
|
billion dollars remains unused. |
|
As a Committee, we need to be focused on fixing the |
|
remaining issues of PPP, while also figuring out a way to bring |
|
this pandemic-related program to an end. |
|
And with that, Ms. Frazier, community bankers were on the |
|
front lines of delivering PPP loans. In your testimony, you |
|
cited that community banks made 60 percent of the first-round |
|
PPP loans. Now almost a year later, how do you see this program |
|
coming to an end and a transition to recovery being made? |
|
Ms. FRAZIER. Thank you for your question. In round two, I |
|
suspect that community bankers continue to be meeting in the |
|
efforts of delivering the PPP loans. I believe the benefit of |
|
that is the community bankers are able to really work with the |
|
borrowers and be partners in helping them look forward. |
|
But beyond PPP, I go back to I think there needs to be more |
|
investment into the programs that can support these businesses |
|
in helping them understand, as Ms. Kennedy said, their |
|
financials, understand their business model, understand how |
|
they can move forward as well and supporting them. Banks can |
|
continue to support and partner with the businesses, helping |
|
them grow, helping them understand the opportunities for them. |
|
But there needs to be another party that can support them in |
|
understanding their business overall. |
|
Ms. VAN DUYNE. So as the Ranking Member of the Oversight, |
|
Investigations, and Regulations Subcommittee, it is important |
|
to me that we give our small businesses the best opportunity to |
|
succeed coming out of the pandemic. And this means removing any |
|
unnecessary red tape. |
|
So, Ms. Frazier, again, are there any SBA regulations, |
|
whether for PPP or other programs, that this Committee should |
|
be reviewing to help our businesses recover? |
|
Ms. FRAZIER. For the small businesses, the most recent |
|
changes to the forgiveness application have been $50,000 or |
|
less on those loans. I think that has been a huge benefit for |
|
them and for others. The changes to the second draw has been a |
|
big benefit. SBA as a whole, I think that continuing to work |
|
with the community banks, to deploy the other programs and be |
|
able to, as was noted earlier in the conversation, make those |
|
approvals more timely and consistent would be very helpful. |
|
Ms. VAN DUYNE. All right. Thank you very much. |
|
I want to thank all of our witnesses for being with us |
|
today. |
|
And I yield back. |
|
Chairwoman VELAZQUEZ. The gentlelady yields back. |
|
Now we recognize the gentleman from New Jersey, Mr. Kim, |
|
for 5 minutes. |
|
Mr. KIM. Thank you, Chairwoman, for pulling us together |
|
here. |
|
I know many of us are looking forward to the warm weather |
|
ahead, the summer ahead, and enjoy some outdoor activities. |
|
Many of the businesses in my district are seasonal businesses |
|
along the Jersey shore, and they had a really tough season |
|
last---- |
|
[Audio malfunction.] |
|
Chairwoman VELAZQUEZ. I am going to yield to the gentleman |
|
from Florida, Mr. Donalds, because Mr. Kim is dealing with some |
|
technical issues. We will get back to Mr. Kim. |
|
Mr. Donalds. |
|
Mr. DONALDS. All right. Thank you, Madam Chair. |
|
Listen, this has actually been a great conversation. Madam |
|
Chair, I thank you, and, you know, thanking the Ranking Member, |
|
Mr. Luetkemeyer of Missouri, for really bringing us together as |
|
we begin to unwind the PPP program. And I would stress, |
|
members, we have to really look at beginning to unwind and |
|
sunsetting this program. |
|
It is clear that the program, obviously, we designed it to |
|
challenge and to help the challenges of the COVID-19 crisis. |
|
With the rate of vaccinations that are occurring in the United |
|
States amongst the vulnerable populations, people over the age |
|
of 65, also combined with the facts that you have many States |
|
that have already begun reopening, we have to make a decision |
|
here. And one of the clear decisions is, are we going to |
|
continue, for how long, this loan guarantee program? |
|
One of the things that actually really came out to me |
|
during this testimony from all of the witnesses is that one of |
|
the issues isn't really, per se, PPP in and of itself, but it |
|
is an ongoing issue in the United States, and that is the lack |
|
of community banks to address all of the financing needs of |
|
small businesses and micro businesses in communities both rural |
|
and urban and suburban across the United States. |
|
And if this Congress is going to take this matter |
|
seriously, we have to begin to take a look at the statutory and |
|
regulatory environment upon which community banks have to |
|
operate under, which is why, in part, we have seen an almost 50 |
|
percent decline in the amount of community banks in the United |
|
States--in the United States, excuse me--since the passage of |
|
Dodd-Frank more than a decade ago. |
|
So I think it is time that this body begin to take even |
|
more steps to allow the community banking industry to flourish |
|
in the United States so we actually can address systematically |
|
the issue of banking deserts, the issues of access to capital, |
|
the issues to actually help all of our small businesses and |
|
micro businesses, whether they happen to be led by women or |
|
minorities or anybody else who operates businesses here in the |
|
United States. |
|
Really, I just have one question, and it is actually--is a |
|
piggyback off of the question from Mrs. Kim of California, and |
|
it is directed to Ms. Kennedy. |
|
Ms. Kennedy, real briefly, if Congress decided to extend |
|
the PPP program, how long of an extension do you think will be |
|
needed to clear the current backlog to help those business |
|
owners who have applied but they are waiting to get through |
|
their hold codes and the like? |
|
Ms. KENNEDY. Thank you so much for the question. You know, |
|
my association, NADCO, we have not taken a firm position on the |
|
amount of time, but from talking to our staff, we believe 60 to |
|
90 days would give the time to address some of those error |
|
codes and to try and make sure these Schedule C businesses get |
|
the help that they need after getting the application just |
|
approved on March 3 |
|
There are so many businesses who need to make sure that |
|
they can qualify with the new guidelines of Schedule C, and |
|
there are a number of businesses that need that help. |
|
So from our personal advantage, a 60- to 90-day could |
|
certainly help us to get through some of our backlog. |
|
Mr. DONALDS. Thank you so much, Ms. Kennedy. |
|
And, Ms. Frazier, same question to you. I know the banking |
|
community obviously is looking very closely at this, and, you |
|
know, obviously you guys have a continuing relationship with |
|
SBA. As a former credit officer in a bank, I have always |
|
enjoyed my dealings with the SBA--and, yes, I am being highly |
|
sarcastic--but, you know, Ms. Frazier, with respect to your |
|
industry group, what would you guys recommend to Congress if we |
|
decided to actually make a temporary extension to unwind the |
|
backlog? |
|
Ms. FRAZIER. First of all, I want to thank you for your |
|
support of community banks. Really appreciate that. |
|
And, secondarily, in response to your question, we don't |
|
have a specific timeline, but I think in agreement with Ms. |
|
Kennedy's timeline, 60 to 90 days should certainly allow for |
|
the errors to be resolved overall and to accommodate the |
|
changes or allow the borrowers that are now eligible under the |
|
new changes to get through the program. |
|
Mr. DONALDS. All right. Thank you, Ms. Frazier. |
|
Thank you, witnesses, for your time. |
|
Thank you, Madam Chair. I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
Now we recognize the gentleman from New Jersey, Mr. Kim, |
|
for 5 minutes. |
|
Mr. KIM. Thank you. Thank you, Chairwoman. Hopefully, this |
|
works better this time around. |
|
But what I was just getting at was just, you know, the |
|
seasonal businesses that we have in the Jersey shore. And in |
|
December, Congress, we passed additional help for seasonal |
|
businesses, allowing them to apply for an increase to their |
|
first-draw PPP loan based on a 12-week period of their choosing |
|
that better represents their normal revenue. |
|
For a lot of seasonal businesses, this first-draw increase |
|
has been a lifesaver. But I have heard from other seasonal |
|
businesses in New Jersey that they have been turned away by |
|
their first-draw lender, basically being told, quote, ``We are |
|
not doing this,'' or, quote, ``There is too much paperwork.'' |
|
And, unfortunately, they don't have other options to go to a |
|
different lender. |
|
My office called one lender, one of the big banks, asked |
|
why they were turned away, customers for first-draw increases, |
|
and suddenly they started processing them. |
|
We contacted another one, and after hearing that their |
|
policy made by someone up the management train was not to |
|
process these topoffs, I gave them a chance to correct the |
|
record in advance of this hearing, but they still haven't |
|
gotten back to me or processed that increase for a business on |
|
the shore for about $70,000 that they are eligible for. |
|
Who knows how many other businesses or others are |
|
experiencing this or being turned away. I know we are asking a |
|
lot of lenders right now, and that they worked hard to get all |
|
this PPP money out over the past year, but Congress did |
|
authorize first-draw increases to help seasonal businesses. And |
|
I find it unacceptable that some lenders, particularly the |
|
larger ones, are simply choosing not to do it. |
|
I wanted to start with Ms. Simpson. Have you heard of this |
|
happening, or are there other challenges that you are hearing |
|
from seasonal businesses when it comes to receiving their |
|
first-draw loan increases? |
|
Ms. SIMPSON. Thank you for the question. We are--I am going |
|
to pick up my phone. I apologize. My headphones died. I have |
|
been on here for a while. So I apologize for the awkwardness. |
|
But, yes, we have heard that borrowers are not having much |
|
luck getting loan increases approved. So that is not an |
|
isolated incident to the Jersey shore. |
|
Mr. KIM. Yeah. This is something that I am just trying to |
|
get a sense of, just that, you know, how--you know, how |
|
significant this is and how widespread it is. |
|
Maybe a followup with Ms. Kennedy or Ms. Frazier. As small |
|
lenders, have you helped any customers with first-draw |
|
increases? Just trying to get a sense of your perspective from |
|
your end. |
|
Ms. KENNEDY. We have tried to help small businesses with |
|
first-draw increases, and that is part of where we get some of |
|
the error codes and it becomes an issue for us. And that is why |
|
this time that we are asking for to be able to work through |
|
those and get resources on addressing the error and hold codes |
|
would help us to be able to help more small businesses get that |
|
increase and address some of those concerns. |
|
Thank you for the question. |
|
Mr. KIM. Ms. Frazier, anything you wanted to added on your |
|
end? |
|
Ms. FRAZIER. We have not had any seasonal businesses--we |
|
haven't processed any PPP loans for seasonal businesses for |
|
that increase. I can't speak directly to that. |
|
We have had requests only from two borrowers to increase |
|
their original loan. As part of the process, once it has been |
|
reported on the form 1502 to the SBA, there is reluctance or |
|
there is quite a bit of pushback on actually processing that |
|
increase. |
|
Mr. KIM. Okay. Well, thank you for that perspective, |
|
something that I will be looking to follow up on. |
|
I would also like to just highlight that SBA issued a new |
|
interim final rule last week allowing sole proprietors or |
|
Schedule C filers to use their gross revenue to calculate their |
|
PPP loans. This was a welcomed change, finally making PPP |
|
worthwhile for more of the smallest, most underserved |
|
businesses. But as Ms. Frazier noted in her testimony, |
|
borrowers who had already applied for the PPP loan before the |
|
rule are being left with a smaller amount and are not being |
|
made whole. |
|
SBA is claiming they don't have the authority to make this |
|
rule retroactive. And, Madam Chairwoman, I know you share my |
|
view that sole proprietors who already took a PPP loan should |
|
be able to use their gross income, and I ask to be able to work |
|
with you and others together on a solution to make sure they |
|
are treated fairly. |
|
And so, with that, thank you, and I yield back. |
|
Chairwoman VELAZQUEZ. The gentleman yields back. |
|
Okay. With that, let me take this opportunity to thank all |
|
our witnesses for their illuminating testimony. Your |
|
experiences have given us insight into the current state of PPP |
|
and the impact of reforms that the Biden administration put |
|
into place. I am pleased to hear that these changes have helped |
|
money reach underserved businesses, but it is clear that there |
|
is more we must do. |
|
On this committee, we will continue to work to make the |
|
program more equitable and accessible for the smallest of small |
|
businesses. The public health situation surrounding the virus |
|
is improving, but we cannot let up. Small businesses still need |
|
our help, and we must work to ensure this program is serving |
|
their interests. That means continuing to evaluate the coverage |
|
of PPP and making sure--or making the necessary tweaks to |
|
maximize the program's reach and impact. |
|
I ask unanimous consent that Members have 5 legislative |
|
days to submit statements and supporting materials for the |
|
record. Without objection, so ordered. |
|
If there is no further business before the committee, we |
|
are adjourned. |
|
[Ms. Lisa Bombin did not submit her QFR's in a timely |
|
manner.] |
|
[Whereupon, at 12:16 p.m., the committee was adjourned.] |
|
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